V.Gopalakrishnan vs Vadivu
2021 Latest Caselaw 14706 Mad

                                                                        S.A.No.719 of 2008

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED : 22.07.2021

                                                 CORAM :

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                             S.A.No.719 of 2008

                     V.Gopalakrishnan                              ...Appellant

                                                    Vs.
                     Deivanaiammal (Died)
                     S.V.Swamy (died)

                     1. Vadivu
                     2. Chellammal
                     3. Kanagarathinam

                     Rajammal (Died)
                     Rathinasamy (Died)

                     4. Dhanalakshmi
                     5. Ramakrishnan
                     6. Banumathi
                     7. Deventharan
                     8. Kanchana
                     9. Manoharan
                     10.Chitra
                     11.Devagi
                     12.Ravi
                     13.Revathi
                     14.S.V.S.Kannabiran
                     15.S.Vadivelu
                     16.S.Gobinath
                     17. S.Krishna Prabha
                     18. S.Vadivu                                 ... Respondents

https://www.mhc.tn.gov.in/judis/
                     1/4
                                                                                   S.A.No.719 of 2008

                     Prayer:- This Second Appeal has been filed under Section 100 of Civil
                     Procedure Code against the Judgment and decree passed in A.S.No.91 of
                     2003 dated 29.08.2005 on the file of Principal District Court, Erode,
                     confirming the judgment and decree passed in O.S.No.91 of 1982 on the
                     file of Sub Court, Dharapuram dated 21.12.1994.


                                        For Appellant             : Mr.A.Sundaravanan

                                        For Respondents 6 to 11 & 13: V.P.Sengottuvvel

                                        For Respondents 1,14,15,
                                                          17 & 18 : Mr.R.Babu

                                        For Respondents 2,12 & 16 : Died

                                        For Respondent-5           : Served - NA

                                        Respondents 3 and 4        : Not ready in notice.

                                                        JUDGMENT

It is informed by Mr.A.Sundaravadanan, learned counsel for the

appellant would submit that the earlier counsels have now been elevated.

When a communication was sent to the appellant to give them necessary

instructions to appear in the matter, there has been no response to the

letter. He was also given to understand that the appellant is no more. The

12th respondent also passed away on 16.12.2019 and details of the legal

representatives had been given by the respondents. However,

considering the fact that the appellant is no more and his legal heirs are https://www.mhc.tn.gov.in/judis/

S.A.No.719 of 2008

no longer interested in prosecuting the case, the second appeal is

dismissed as abated. No costs.

22.07.2021

Index :Yes/No Internet:Yes/No

srn

To

1. The Principal District Court, Erode,

2. The Sub Court, Dharapuram

https://www.mhc.tn.gov.in/judis/

S.A.No.719 of 2008

P.T.ASHA.J,

srn

S.A.No.719 of 2008

22.07.2021

https://www.mhc.tn.gov.in/judis/