Krishnaveni vs O.P.Sundararajan
2022 Latest Caselaw 15679 Mad

                                                                                  WA(MD)No.36 of 2014

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 22.09.2022

                                                         CORAM

                                    THE HON'BLE MRS JUSTICE J. NISHA BANU
                                                     AND
                                  THE HON'BLE MR JUSTICE N. ANAND VENKATESH

                                               A.S.(MD)No.36 of 2014
                                                       and
                                               M.P.(MD)No.2 of 2014
                     1.Krishnaveni
                     2.Susila                                      ... Appellants/ Plaintiffs 2 &3
                                                           /Vs./
                     1.O.P.Sundararajan
                     2.O.P.Rajendran
                     3.Jeyanthi
                     4.Ramya
                     5.L.Sundarraj
                     6.Mariammal
                     7.State of Tamilnadu
                       Through its District Collector,
                       Thoothukudi.

                     8.Special District Revenue Officer,
                       (Land Acquisition),
                       National Highways,
                       Virudhunagar.                               ... Respondents / Defendants
                     9.Rajeswari                                   ... Respondents/ Plaintiff No.1


                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                      WA(MD)No.36 of 2014




                     PRAYER:            Appeal - filed under Section 96 of the Code of Civil Procedure,
                     praying this Court to allow the appeal setting aside the judgment and decree
                     passed in O.S.No.66 of 2010 dated 18.02.2013 on the file of the learned
                     Principal District Judge, Thoothukudi.


                                        For Appellants    : Mr.R.Venkateswaran
                                        For Respondents : Mr.D.Sasikumar
                                                    Additional Government Pleader (For R7 & R8)
                                                            Mr.V.M.Balamohanthambi (For R2 & R4)
                                                            Mr.V.K.Vijayaragavan (For R1)
                                                            No appearance (For R3, R5, R6 & R9)


                                                          JUDGMENT

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

The learned counsel appearing on behalf of the respondents submitted

that the second appellant died on 17.09.2016 and the fourth respondent died

on 28.01.2022. No steps have been taken to implead the legal

representatives. That apart, connected appeals in AS(MD)Nos.113 and 114

https://www.mhc.tn.gov.in/judis WA(MD)No.36 of 2014

of 2013 were dismissed as withdrawn on the ground that the parties have

already compromised the issue. It is therefore clear that the appellants in

this appeal have also compromised the dispute and that is the reason why

probably no steps have been taken to implead the legal heirs of the deceased

second appellant and fourth respondent.

2.In view of the above, this Appeal Suit is dismissed as abated. No

costs.

(J.N.B.,J.) (N.A.V.,J.) 22.09.2022 Index : Yes/No (3/3) Internet : Yes sm

To:

1.The Principal District Judge, Thoothukudi.

https://www.mhc.tn.gov.in/judis WA(MD)No.36 of 2014

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

sm

Judgment made in A.S.(MD)No.36 of 2014 (3/3)

Dated 22.09.2022

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