Dhanapal vs Muthulakshmi
2022 Latest Caselaw 10065 Mad

                                                                                      A.S.No.253 of 2013

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 14.06.2022

                                                           CORAM:

                                  THE HONOURABLE MRS. JUSTICE S. KANNAMMAL

                                                    A.S.No.253 of 2013 and
                                                       MP No.1 of 2013
                     Dhanapal                                                       .. Appellant
                                                              Vs.
                     1. Muthulakshmi
                     2. Pannerselvam
                     3. Mallika
                     (Represented by Guardian Mrs.Prema.
                     She was represented by Court Guardian
                     R.S.Sowmya, Advocate)
                     4. Prema
                     (Since Respondents 2 and 4 remained
                     exparte in the Trial Court, notice may
                     be dispensed with for them)                                    .. Respondents


                                  Appeal Suit filed under Section 96 of the Code of Civil Procedure,

                     against the Judgment and Decree passed in O.S.No.5 of 2011, dated

                     11.10.2012 on the file of the learned District Judge, Nagapattinam.



                     1/4



https://www.mhc.tn.gov.in/judis
                                                                                           A.S.No.253 of 2013

                                              For Appellant       : Mr.A.Muthukumar

                                              For Respondents : Mr.J.Antony Jesus (for R2 to R4)



                                                             JUDGMENT

It is submitted by the learned counsel appearing on either side that the

1st respondent who is the plaintiff in the suit in O.S.No.5 of 2011, is no

more. To that effect, a memo, dated 27.04.2022 has been filed stating that

the 1st respondent viz., Muthulakshmi died on 19.07.2020 leaving behind

her husband and two sons as her legal heirs. As the counsel for the

appellant took time to take steps, the case has been listed thrice before this

Court. However, the appellant has not taken any steps till date .

2. Today when the matter is taken up for hearing, Mr.A.Muthukumar,

learned counsel for the appellant expresses his inability to take steps since

the appellant has not given any instruction for taking steps to bring on

record the legal representatives of the deceased first respondent and hence

he prayed for dismissal of the suit as abated.

3. In view of the same, the second appeal is dismissed as abated as

https://www.mhc.tn.gov.in/judis A.S.No.253 of 2013

against the 1st respondent. No costs. Consequently, connected

miscellaneous petition is closed.

14.06.20

Index : Yes / No Speaking or Non speaking order vum

To

1. The District Judge, Nagapattinam.

2. The Section Officer, V.R. Section, High Court of Madras, Chennai.

S.KANNAMMAL, J.

https://www.mhc.tn.gov.in/judis A.S.No.253 of 2013

vum

A.S.No.253 of 2013 and MP No.1 of 2013

14.06.2022

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