A.V. Venkat Rao vs A.V. Rubachandran
2023 Latest Caselaw 6745 Mad

                                                                                S.A.No.1979 of 2002




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 21.06.2023

                                                     CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                S.A.No.1979 of 2002

                     A.V. Venkat Rao                                           ... Appellant
                                                       ..Vs..

                     1.A.V. Rubachandran
                     2. Dhanavanthi Bai (died)
                     3. Kasthuri Bai
                     4. Vasantha Thulasiraman (died)
                     5.Vijayalakshmi Bai
                     6. Yamini Thara Bai
                     7. Meera Bai
                     8. Ashok Rao
                     9. Meera Bai
                     10.T. Thushantha
                     11. T. Kaveetha
                     12. T. Sugeetha                                          ... Respondents

                           RR5 to 9 brought as LRs of the deceased R2 viz.,Tmt.
                           Danavanthi Bai and R4 died - RR10 to 12 brought on record
                           as LRs of the deceased R4 viz., Vasantha Thulasiraman vide
                           Court order dated 05.01.2022 made in CMP Nos.21331,
                           21333, 21427, 21434, 21435 of 2021.

                     PRAYER : Second Appeal filed under Section 100 C.P.C., against the
                     decree and judgment dated 19.06.2002 in A.S.No.56 of 2001 on the file
                     of the Principal District Judge, Vellore, upholding the decree and
                     judgment in O.S.No.571 of 1996 dated 28.09.2001 on the file of the
                     Principal District Munsif, Vellore.

https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                 S.A.No.1979 of 2002




                                           For Appellant       : No appearance
                                           For R1 to R3         : M/s. R. Kamalarani
                                           R5, R7 &R10 to R12 : No appearance


                                                      JUDGMENT

When the matter is taken up for hearing today, there is no

representation on behalf of the appellant. Learned counsel for the

respondents 1 to 3 is present.

2. A perusal of the records shows that the Second Appeal was

dismissed as abated on 30.10.2014 as no steps were taken to implead the

legal heirs of the sole appellant and subsequently restored to file in the

year 2021. However, till date no steps have been taken to implead the

legal heirs of sole appellant, who died on 07.12.2008.

3. In view of the same, the Second Appeal is dismissed as

abated. No costs.

21.06.2023 Index : Yes/No Internet : Yes/No bga

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

S.A.No.1979 of 2002

To

1. The Principal District Judge, Vellore.

2. The Principal District Munsif, Vellore.

3. The Section Officer, V.R. Section, High Court, Madras.

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

S.A.No.1979 of 2002

R. HEMALATHA, J.

bga

S.A.No.1979 of 2002

21.06.2023

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