) Ayiammal (Died) vs ) Kaliappan
2022 Latest Caselaw 1598 Mad

                                                                               S.A.No.32 of 2002

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.02.2022

                                                    CORAM:

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU

                                                  S.A.No.32 of 2002
                                         and C.M.P.Nos.9322 to 9324 of 2005
                                             (Through Video Conference)

                     1) Ayiammal (died)

                     2) Saraswathi

                     3) Kamalam                                       ... Appellants

                                                        Vs.

                     1) Kaliappan

                     2) Senkaliappan

                     3) Narayanan                                     ... Defendants 2 to 4 /
                                                                          Respondents 2 to 4/
                                                                          Respondents 1 to 3

                     4) Poovathal

                     5) Velusamy

                     6) Swaminathan

                     7) Selvaraj


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                                                                                         S.A.No.32 of 2002

                     8) Pappan                                                 ... Third parties /
                                                                                   Respondents 5 to 9/
                                                                                   Respondents 4 to 8

                     9) Kaliammal

                     10) Krishnan

                     11) Rukmani

                     12) Minor Sathish

                     * Appellants 2 and 3 and RR 9 to 12 brought on record as legal heirs of the deceased
                     sole appellant vide order of Court dated 13.07.2010 made in C.M.P.No.9324 of 2005.
                     PRAYER: Second Appeal is filed against the orders dated 28.02.2001 in
                     A.S.No.158/97 on the file of II Additional District Judge's Court,
                     Coimbatore confirming the Decree and Judgment dated 17.12.1996 in
                     O.S.No.602/89 on the file of III Additional District Munsif's Court,
                     Coimbatore.
                                      For Appellants       ...   Ms.Kundavi for
                                                                 Mr.C.R.Prasannan
                                      For R-1              ...   Died
                                      For RR 2 - 4, 6,     ... No Appearance
                                             & 9 -12
                                      For RR 5 to 8        ... M/s.Sarrabhauman Associates
                                                         ******
                                                      JUDGMENT

Today, when the matter is taken up for hearing, Ms.Kundavi,

learned counsel representing on behalf of Mr.C.R.Prasannan, learned

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https://www.mhc.tn.gov.in/judis S.A.No.32 of 2002

counsel on record for the appellants, made a submission that as per the

directions of this Court made in order dated 19.08.2021, steps have been

taken to implead the legal heirs of the deceased first respondent.

2. The learned counsel for the appellants further submitted that

inspite of the best efforts made by the learned counsel for the appellants,

the appellants have not responded and as a result, the learned counsel is

unable to get instructions from her client.

3. In view of the submissions made by the learned counsel for the

appellants, this Second Appeal stands Dismissed for non-prosecution. No

costs. Consequently connected miscellaneous petitions are closed.

01.02.2022 Speaking Order / Non-Speaking Order Index : Yes / No

sts

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https://www.mhc.tn.gov.in/judis S.A.No.32 of 2002

J.NISHA BANU, J.,

sts

To:

1. The II Additional District Judge's Court, Coimbatore

2. The III Additional District Munsif's Court, Coimbatore.

3. The V.R. Section, High Court, Madras.

Judgment made in S.A.No.32 of 2002

Dated:

01.02.2022

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