Kannan @ Veerasami vs Padma Ammal (Died)
2023 Latest Caselaw 1767 Mad

                                                                      S.A.No. 2021 of 2002



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :     02.03.2023

                                                   CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                              S.A.No. 2021 of 2002

                     1. Kannan @ Veerasami
                     2. Sundararaju Naidu
                     3. G.Rangaraju
                     4. Mani
                     5. Pazhanisamy
                     6. Jayagovindan
                     7. Vijayalakshmi
                     8. Minor Thulasi
                     9. Minor Madanagopal
                     10.Minor Rangarajan                               ... Appellants

                                                       Vs.

                     1. Padma Ammal (died)
                     2. Menaka
                     3. Girija
                     4. Rajagopal
                     5. Babu
                     6. Ghouse Bhai
                     7. Santhi @ Mahalakshmi
                     8. Dhanalakshmi
                     9. Bagyalakshmi
                     10.T.V.Manoharan



                     Page 1 of 4

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                                                                                   S.A.No. 2021 of 2002



                     11.T.V.Jagadeesan
                     12.T.V.Gowrinathan                                           ... Respondents

                     (R10 to R12 are brought on record as
                     LR of the deceased first respondent
                     vide order dated 18.06.2004 made in
                     C.M.P.No.2135 of 2004)
                     Prayer: Second Appeal filed under Section 100 CPC against the decree

                     and judgement dated 24.09.2001 on the file of the Principal District

                     Court, Villupuram, in A.S.No.56 of 2000 confirming the decree and

                     judgement dated 10.04.2000 on the file of the Sub Court, Kallakurichi in

                     O.S.No.16 of 1996.

                                         For Appellants     : Ms.R.Meenal
                                         For R2 to R4       : Mr. P.Dineshkumar
                                                              for M/s.Sarvabhauman Associates


                                                       JUDGMENT

A perusal of the records shows that some of the appellants and

some of the respondents died and till date, no steps have been taken.

2. Ms.R.Meenal, learned counsel appearing for the appellants

contended that she is unable to contact her clients, despite issue of

several notices. This Court, by its order dated 14.02.2023, passed the

https://www.mhc.tn.gov.in/judis S.A.No. 2021 of 2002

following orders:-

"Finally, the learned counsel for the appellant is granted time till 28.02.2023 for taking steps to bring on record the LRs of the deceased appellants and respondents. In case the steps are not taken and the appeal has abated against some of them, the Second Appeal will stand abated against these parties also.

2. Post the matter on 28.02.2023."

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

No costs.

02.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order kmm

To

1. The Sub Court, Kallakurichi.

2. The Principal District Court, Villupuram,

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

https://www.mhc.tn.gov.in/judis S.A.No. 2021 of 2002

R. HEMALATHA, J.

kmm

S.A.No. 2021 of 2002

02.03.2023

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