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Madras High CourtSA/2296/2003dismissed as abated

Vellalichamy v. Thangavelu

2023-08-03Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Vellaichamy (died) 2.Gandhi (died) 3.Pappa 4.Velmurugan 5.Valarmathi 6.Palavesam 7.Karapagavalli 8.Subbiah 9.Sivarama Krishnamoorthy 10.Irulayee 11.Latha 12.Marimuthu 13.Meenakshi 14.Mari 15.Nagaraj 16.Muthukumar 17.Rathi Lakshmi ...Appellants

(Appellants 3 to 9 are brought on record as LRs of the deceased 1st appellant vide Court order dated 24.11.2021 in C.M.P(MD)Nos.9854, 9855 and 9858 of 2021 in S.A.No.2296 of 2003) (Appellants 10 to 17 are brought on record as LRs of the deceased 2nd appellant vide Court order dated 24.11.2021 in C.M.P(MD)Nos.9843, 9845 and 9847 of 2021 in S.A.No.2296 of 2003) vs.

1.Thangavelu 2.Ramu Ammal 3.Soundiram ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 05.12.2002 in A.S.No. 87 of 2001 on the file of the Subordinate Judge, Paramakudi confirming the Judgment and Decree dated 30.08.2001 in O.S.No.113 of 1996 on the file of the District Munsif, Paramakudi.

For Appellants :

Mr.R.Sreenivasan For Respondents :

No appearance

JUDGMENT

The learned counsel appearing for the appellants submitted that all the three respondents in the appeal have passed away long before.

2. Though the learned counsel for the appellants submitted that all the three respondents have passed away long before, till date, he has not taken any steps to bring on record the legal representatives of the deceased respondents. In view of the same, the Second Appeal is dismissed as abated. No costs.

03.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Judge, Paramakudi 2.The District Munsif, Paramakudi 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 03.08.2023