Nanjammal vs Kannan

Citation : 2022 Latest Caselaw 15518 Mad
Judgement Date : 19 September, 2022

Madras High Court
Nanjammal vs Kannan on 19 September, 2022
                                                                              S.A.No.1175 of 2000




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 19.09.2022

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A.No.1175 of 2000


                     1. Nanjammal
                     2. Karuppanan
                     3. Kanniappan
                     4. Madeswaran
                     5. Palaniammal
                     6. Baby @ Bakkialakshmi
                     7. Minor Gunasekaran
                     8. Minor Karthikeyan
                        (Minors 7 & 8 are represented by their mother
                     and natural guardian Palaniammal)
                     9. Annammal
                     10. Karuppusamy (Deceased)
                     11. Thangaraju
                     12. Thangamani
                     13. Indirani
                     14. Dhanalakshmi
                     15. Arunthavaselvi
                     16. Kannaiappan
                      (Appellants 14 to 16 brought on record as
                      LRs of the deceased 10th appellant vide order of Court
                      dated 25.01.2019 made in CMP.No.3660 to 3662 of 2018
                       in SA.No.1175 of 2000)                                .. Appellants


                                                     Versus

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                                                                                 S.A.No.1175 of 2000




                     1. Kannan
                     2. Varadharajan
                     3. Ayyammal
                     4. Emmperumal
                     5. Krishna
                     6. Duraisamy
                     7. Sivabakkiam
                     8. Matheswaran
                     9. Soundarrarajan
                     10. Anandhan
                     11. Akilandeswari
                     12. Dharmalingam
                     13. Sumathi
                     14. Dr.Vasu                                              .. Respondents



                                  Second Appeal is filed under Section 100 of Civil Procedure
                     Code against the judgment and decree dated 27.07.1999 passed in
                     A.S.No.59 of 1994 on the file of the II Additional District Judge, Erode,
                     reversing the judgment and decree           dated 23.02.1994 passed in
                     O.S.No.801 of 1983 on the file of the II Additional District Munsif,
                     Erode.


                                  For Appellants    : Ms.P.Vidhyashree
                                                      for M/s. P.T.Ramadevi

                                  For R1            : died
                                  For R2 to R14     : Given up




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                                                                                     S.A.No.1175 of 2000




                                                     JUDGMENT

The learned counsel appearing for the appellants submitted that the first respondent, who is the contesting respondent in the present second Appeal passed away. However, no particulars relating to the death certificate of the deceased, details of the legal heirs, etc. were furnished so as to file a petition to implead the legal heirs of the deceased first respondent. Therefore, the learned counsel is unable to proceed with the case. She has also made an endorsement to that effect in the Court bundle.

2.Recording the submissions and the endorsement so made by the learned counsel for the appellants, this second appeal is dismissed as abated. No costs.

19.09.2022 Index : Yes/No Internet: Yes/No av https://www.mhc.tn.gov.in/judis 3/4 S.A.No.1175 of 2000 KRISHNAN RAMASAMY J., av To

1. The II Additional District Judge, Erode.

2. The II Additional District Munsif, Erode.

3. The Section Officer, V.R. Section, High Court of Madras, Chennai 600 104.

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