B.Dhanapal vs B.Clara
2023 Latest Caselaw 909 Mad

                                                                              A.S.No.555 of 2013


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 23.01.2023

                                                   CORAM:

                                   THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                     AND
                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
                                               A.S.No.555 of 2013
                                              and M.P.No.1 of 2013

                1.B.Dhanapal
                2.B.Jhonapark                                                      ...Appellants

                                                      -Vs-

                1.B.Clara
                2.B.Yabeth Joseph
                3.B.Albert
                4.B.Daniel
                5.B.Samson
                6.B.Thomas
                7.B.Mary
                8.B.Suseela @ Jayaragini
                9.B.Helanmary
                10.B.Jakkuleen
                11.N.Sebastin @ Govindan
                12.Francis                                                        ...Respondents

                Prayer:- Appeal Suit filed under Section 96 r/w Order 41 and 41-A of C.P.C.,
                against the judgment and decree dated 26.03.2013 made in O.S.No.186 of
                2010 passed by the learned II Additional District Judge, Salem.


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                                                                                A.S.No.555 of 2013




                                  For Appellants             : Mr.T.Sundaravadanam

                                  For R1 to R3, R7 & R8      : Died

                                  For R4 to R6, R9, R11 & R12: No appearance

                                  For R10                    : No such Addressee



                                                     JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.,]

The learned counsel appearing for the appellants has filed a Memo dated

12.12.2022. Pursuant to the Memo, it is admitted that the 1st appellant, by name,

Mr.B.Dhanapal, died on 28.11.2014 leaving behind his wife and children as his

legal heirs. It is also submitted that the 1st respondent died in the year 2018

leaving behind his legal representatives. Respondents 2 and 3 also died in the

years 2020 and 2021 respectively. Further, it is reported that respondents 7 and

8 also died during the pendency of this appeal. The learned counsel stated that

the 2nd appellant who is also a party could not be contacted.

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A.S.No.555 of 2013

2.Despite the deaths of several respondents, no steps have been taken so

far. The learned counsel appearing for the appellants expressed his inability to

contact the 2nd appellant as he believes that her address has changed.

3.Hence, this Court is not inclined to adjourn the matter, as no useful

purpose will be served by keeping this appeal pending.

4.In the result, the appeal is liable to be dismissed as abated as against 1st

appellant, respondents 1, 2, 3, 7 and 8. Since no steps are taken, the appeal is

dismissed for non prosecution. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                                  [SSSRJ]    [AANJ]
                                                                                       23.01.2023
                cda

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

A.S.No.555 of 2013

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., cda

To

1.The II Additional District Judge, Salem.

2.The Section Officer, VR Records, High Court, Chennai.

A.S.No.555 of 2013

23.01.2023

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