Madras High Court
Gopalarethinam (Died) vs Parijatham on 5 July, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.07.2022
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
A.S (MD)No.189 of 2009
and
M.P(MD)No.1 of 2009
and
A.S(MD)No.191 of 2009
and
Cross.Objection (MD)No.4 of 2010
A.S(MD)No.189 of 2009
1.Gopalarethinam (Died)
2.Shantha
3.Geetha
4.P.Anuratha
5.G.Subasri
6.A.Sakunthala ...Appellants/Defendants 1 to 5 & 7
(Memo dated 17.06.2022 (filed on 20.06.2022)
in USR No.15848 is recorded as 1st appellant
died and the appellants 2 to 5 and 6th respondent
who are already on record are recorded as
Lrs of the deceased 1st appellant vide Court
Order, dated 21.06.2022 made in
A.S.(MD)No.189 & 191/2009)
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Vs.
1.Parijatham
2.Prakash
3.Balaji
4.Prabhakar
5.Reena ...Respondents/Plaintiffs 1 to 5
6.Krithika ... Respondent/6th Defendant
7.S.P.Ramu
8.P.Valayapathi
9.Kathan alias Jeganathan ...Respondents/Defendants
Nos.8 to 10
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
against the judgment and decree passed in O.S.No.327 of 2004, on the file
of the I Additional Judge, Trichirappalli, dated 20.01.2009.
For Appellants : Mr.M.P.Senthil
For R1 to R5 : Mr.K.K.Senthil
A.S(MD)No.191 of 2009
1.Gopalarethinam
Vs.
1.Balaji Cycle Mart
Represented by Partner,
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R.Prakash
Door No.6/73-C,
No.1, Tolgate Pitchandarkoil Village,
Lalgudi Taluk.
2.R.Prakash
3.R.Balaji ...Respondents/Defendants
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
against the judgment and decree passed in O.S.No.6 of 2008, on the file of
the I Additional District Judge, Trichirapalli, dated 20.01.2009.
For Appellant : Mr.A.Arumugam
for M/s.Ajmal Associates
For Respondents : No appearance
Cross.Obj(MD)No.4 of 2010
1.Parijatham
2.Prakash
3.Balaji
4.Prabhakar
5.Reena ...Plaintiffs/Respondents 1 to 5/
Cross Objectors
-vs-
1.Gopalarethinam (Died)
2.Shantha
3.Geetha
4.P.Anuratha
5.G.Subasri
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6.A.Sakunthala ...Defendants 1 to 5 & 7/
Appellants/Defendants 1 to 6
(Memo dated 17.06.2022 (filed on 20.06.2022)
in USR No.15848 is recorded as 1st appellant
died and the appellants 2 to 5 and 6th respondent
who are already on record are recorded as
Lrs of the deceased 1st appellant vide Court
Order, dated 21.06.2022 made in
A.S.(MD)No.189 & 191/2009)
7.Krithika
8.S.P.Ramu
9.P.Valayapathi
10.Kathan alias Jeganathan ...Defendants 8 to 10/
Respondents 6 to 9/
Respondents 7 to 10
JUDGMENT
This Court, on 21.06.2022 has passed the following orders:-
“Though it is stated that the 6th appellant died and her
legal representatives are already on record, no memo has been
filed so far. It is also stated that some of the respondents in the
appeals also died. Therefore, the learned counsel for the
appellants is directed to get the particulars of the legal
representatives of the deceased 6th appellant and verify, who are
the parties alive right now, who are the parties died and take
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steps for the deceased respondents and 6th appellant, within 10
days, failing which, this appeal suit shall stand dismissed for
default automatically without further reference to this Court.”
2.The earlier order of this Court, dated 21.06.2022 has not been
complied with by the appellants. Hence, both appeals and the cross-
objection are dismissed for default. No cost. Consequently, connected
miscellaneous petition is also dismissed.
05.07.2022
Index : Yes / No
Speaking Order : Yes / No
am
To
1. I Additional Court,
Trichirappalli.
2. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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P.VELMURUGAN, J.
am
A.S (MD)No.189 of 2009
and
A.S(MD)No.191 of 2009
and
Cross.Objection (MD)No.4 of 2010
05.07.2022
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