Amirdhammal vs Jayaraman
2023 Latest Caselaw 4562 Mad

                                                                                               S.A.No.1296 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 20..04..2023
                                                               Coram

                              THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

                                                Second Appeal No.1296 of 2009
                1. Amirdhammal
                2. Suseela
                                                                                           ..... Appellants
                                                               -Versus-
                1. Jayaraman
                2. Poongavanam
                                                                                         ..... Respondents
                          Appeal filed under Section 100 of C.P.C. against the judgment and
                decree dated against the judgement and decree dated 19.06.2009 made in
                A.S.NO.64           of   2007     by     the    learned   Principal   Subordinate        Judge,
                Thiruvannamalai, reversing the judgement and decree dated 13.07.2007 made
                in O.S.No.185 of 2006 by the learned Principal District Munsif, Chengam,
                Thiruvannamalai District.
                                     For Appellants             : Mr.G.Rajan for the 1st Appellant
                                     For Respondents            : Mrs.Veena           Suresh           for
                                                                  Respondents




https://www.mhc.tn.gov.in/judis
                1 of 4
                                                                                    S.A.No.1296 of 2009

                                                JUDGEMENT

The learned counsel or the appellants submits that Suseela, the 2nd

appellant, is no more.

2. This court had granted time on 01.03.2023 stating that if steps are not

taken, the second appeal will be dismissed as abated. This was pursuant to the

order dated 06.07.2021, when the court recorded that the appellant had not

taken steps.

3. Even today, the learned counsel for the 1 st appellant submits that he

had sent a notice to 1st appellant to enable her to take steps on 02.03.2023 and

still the client has not come forward to take any further action in the matter.

4. In view of the above, this second appeal is dismissed as abated as

against the 2nd appellant – Suseela. Since this appeal has been preferred as

against a joint decree, this second appeal is dismissed as against the 1 st

appellant – Amirdhammal also. However, liberty is given to the 1st appellant to

file appropriate applications seeking to (i) condone the delay in filing the

application to set aside the abatement that was caused due to the death of the

2nd appellant; (2) set aside the abatement caused due to the death of the 2 nd

https://www.mhc.tn.gov.in/judis 2 of 4 S.A.No.1296 of 2009

appellant; and (iii) to bring on record the legal representatives of the deceased

2nd appellant as appellants in the second appeal. No costs.

                                                                                    20..04..2023
                Index            : yes / no
                Neutral Citation : yes / no
                Speaking / Non Speaking Order
                kmk


                To

1.The Prl. Subordinate Judge, Thiruvannamalai, Thiruvannamalai District.

2.The Prl. District Munsif, Chengam, Thiruvannamalai District.

https://www.mhc.tn.gov.in/judis 3 of 4 S.A.No.1296 of 2009

V.LAKSHMINARAYANAN, J.

kmk

S.A.No.1296 of 2009

20..04..2023

https://www.mhc.tn.gov.in/judis 4 of 4