Kumarasamy vs Padmavathi
2022 Latest Caselaw 17521 Mad

                                                                                AS(MD)No.149/2015

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 10.11.2022

                                                       CORAM

                                      THE HON'BLE MR JUSTICE M.S.RAMESH
                                                     AND
                                  THE HON'BLE MR JUSTICE N. ANAND VENKATESH

                                                 AS (MD)No.149 of 2015
                                      M.P.Nos.1 to 4 of 2015 and CMP No.8902/2022

                     1.Kumarasamy
                     2.Ramasamy @ Anantharaman                              .. Appellants/
                                                                            Defendants
                                                          Vs.
                     1.Padmavathi
                       rep. by her power agent
                       Lenin
                       S/o.Ramasamy
                       Kulathur Post and Taluk
                       Pudukottai District.

                     2.Selvaram Gandhi

                     3.Ramasamy

                     4.Gowsalya

                     Ezhuvakkal (died)

                     5.Seetharaman @ Ravichandran

                     6.Annammal Madam

                     7.Azhagu

                     Page 1 of 5



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                                                                                        AS(MD)No.149/2015



                     8.Abdul Samadu                                           : Respondents/
                                                                              defendants

                     (2 to 4 and 6 to 8 respondents
                      remain exparte in lower court)

                     Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure
                     against the judgment and decree dated 30.01.2015 made in O.S.No.48/2012
                     on the file of the Principal District Court, Ramanathapuram.
                                          For appellants       : Mr.P.Balasubramanian
                                          For respondents      : No appearance for R1 to R4,
                                                                 R8
                                                                 Mr.P.Paranjothi for R5
                                                                 Mr.A.John Vincent for R6
                                                                 Mr.N.Balakrishnan        for
                                                                 proposed respondent


                                                           JUDGMENT

(Judgment of the Court was delivered by N. ANAND VENKATESH,J.)

In spite of the earlier order passed on 27.10.2022, no steps have been

taken to implead the legal heirs of the first appellant. Once again the

learned counsel for the appellant seeks for time on the ground that he is yet

to receive instructions. In the meantime, the learned counsel, who was

https://www.mhc.tn.gov.in/judis AS(MD)No.149/2015

appearing for the fifth respondent, submitted that the 5th respondent also

died and the legal representatives of the 5th respondent must also be

impleaded. A petition has been filed by the counsel, who was appearing for

the first respondent, on the ground that the first respondent died and in his

place, the 9th respondent must be added in the appeal. We are not in a

position to implead any legal representatives of the deceased respondent/s,

since the appellants are not taking steps to implead the legal heirs of the first

appellant. The appellants due to their attitude have brought this appeal to a

complete stalemate.

2. In view of the above, this first appeal is dismissed for non

prosecution. No costs. consequently connected Miscellaneous Petitions are

closed.

                                                                    (M.S.R.,J.) (N.A.V.,J.)
                                                                           10.11.2022
                     Index             : Yes/No
                     Internet          : Yes
                     RR

https://www.mhc.tn.gov.in/judis AS(MD)No.149/2015

To

1.The Principal District Court, Ramanathapuram.

2.The VR Section Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis AS(MD)No.149/2015

M.S.RAMESH,J.

and N. ANAND VENKATESH,J.

RR

AS (MD)No.149 /2015

10.11.2022

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