Sundarathammal (Died) vs Rengasami (Died)

Citation : 2022 Latest Caselaw 15322 Mad
Judgement Date : 14 September, 2022

Madras High Court
Sundarathammal (Died) vs Rengasami (Died) on 14 September, 2022
                                                                         A.S.No.374 of 1992

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 14.09.2022

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                             A.S.No.374 of 1992

                1. Sundarathammal (Died)
                2. K.Anbumani
                 (2nd appellant brought on record
                as the LRS of the deceased sole
                appellant vide Court order dated
                19.04.2007 in C.M.P.Nos.17640 to
                17642 of 2003)                                     ... Appellants


                                                     Vs.

                1.Rengasami (Died)
                2.Kalagamani
                3.R.Amsavalli (Died)
                4.R.Anbazhagan
                5.R.Sampath
                6.R.Arasu
                7.R.Manoharan

                (Respondents 3 to 7 brought on record
                as LRS of deceased 1st respondent vide
                order dated 26.10.2015 made in M.P.(MD)
                Nos.1 to 3 of 2008 in A.S.No.374 of 1992.
                Respondents 4 to 7 are recorded as the
                LRS of the deceased R3, Memo recorded
                USR No.3893 dated 26.08.2015 made in
                M.P.(MD)Nos.1 to 3/2008 in A.S.No.374
                of 1992 vide Court order dated 01.09.2015)        ... Respondents
https://www.mhc.tn.gov.in/judis
                                                                              A.S.No.374 of 1992

                                                                   K.MURALI SHANKAR,J.

                                                                                           csm

           Prayer :       This Appeal Suit filed under Section 96 of Civil Procedure Code
           against the decree and judgment dated 02.12.1991 made in O.S.No.210 of
           1988 on the file of the First Additional Subordinate Judge, Tiruchirapalli.
                          For Appellants          : Mr.T.R.Rajaraman
                          For Respondents         : Mr.M.Saravanan for R2
                                                    Mr.N.Sudhagar Nagaraj for R4 to R7

                                                JUDGMENT

This Appeal Suit is directed against the judgment and decree passed in O.S.No.210 of 1988 dated 02.12.1991 on the file of the First Additional Subordinate Court, Tiruchirapalli.

2. When the matter is taken up for hearing today, the learned counsel for the appellants would submit that the second appellant, who was brought on record as the legal heir of the deceased sole appellant, also died on 17.03.2017.

3. It is seen from the records that despite several opportunities, steps to bring on record the legal heir of the second appellant have not been taken so far. Hence, this Appeal Suit is dismissed as abated.

14.09.2022 Index :yes/No Internet:yes/No csm https://www.mhc.tn.gov.in/judis A.S.No.374 of 1992