E.Sidhan vs Alamelu
2023 Latest Caselaw 4325 Mad

                                                                                   S.A.No.26 of 2008
                                                                                and M.P.No.1 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 17.04.2023

                                                    CORAM:

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                                S.A.No.26 of 2008
                                                      and
                                                M.P.No.1 of 2008

                     1.E.Sidhan
                     2.E.Umashankar                                   ..Appellants
                                                        vs.

                     1.Alamelu
                     2.Lakshmi (Died)
                     3.Lakshmi
                     4.Chinnammal
                     5.Irusayee
                     6.Indira                                          ..Respondents

                     (R2 died. R1 are recorded as LR of the deceased R2 vide order of Court
                     dated 11.11.2019 made in S.A.No.26 of 2008 as per memo dated
                     06.11.2019 in Sr.No.33233/2019 are recorded)

                     (Respondents 2 to 6 herein given upon necessary parties)

                     PRAYER: Second Appeal filed under Section 100 of Civil Procedure
                     Code against the decree and Judgment dated 28.02.2007 in AS.No.156 of
                     2006 on the file of the Additional Sub Court, Salem, upholding the decree
                     and Judgment dated 05.07.2006 in OS.No.546 of 2005 on the file of the I
                     Additional District Munsif Court, Salem.


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https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.26 of 2008
                                                                                   and M.P.No.1 of 2008




                                  For Appellants      : Mr.K.Ponamni
                                  For R1              : Mr.M.Vaidyanathan


                                                        JUDGMENT

It is seen from the records that the second appeal is dismissed as

abated as against the second respondent vide order of this Court dated

27.02.2023. Though the first respondent died on 27.11.2022, till date no

steps have been taken by the appellants to implead the legal heirs of the

deceased first respondent. It is also seen from the records that the other

respondents 3 to 6 have been given up.

2.In view of the above, this Second Appeal is dismissed as

abated. No costs. Consequently, connected miscellaneous petition is

closed.

17.04.2023 (1/2) mtl Index : Yes/No Speaking / Non-speaking order

To

1. The Additional Sub Court, Salem.

2. The I Additional District Munsif Court, Salem.

3. The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis S.A.No.26 of 2008 and M.P.No.1 of 2008

R.HEMALATHA, J.

mtl

S.A.No.26 of 2008 and M.P.No.1 of 2008

17.04.2023

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