Madras High Court
Saradha vs R.Venkatesh (Deceased) on 22 November, 2023
A.S.Nos.997 & 998 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HON'BLE MR. JUSTICE G.ARUL MURUGAN
A.S.Nos.997 & 998 of 2004
C.M.P.Nos.16144 of 2004 & 33 of 2008
A.S.No.997 of 2004
1.Saradha
2.Minor.Priya Darshini
Minor represented by her Mother and Natural Guardian Saradha
... Appellants
Vs.
1.R.Venkatesh (Deceased)
2.Sarojini
(R2 brought on record as LRs of deceased sole respondent vide order of
Court dated 16.02.2012 made in C.M.P.Nos.137 to 138 of 2012)
... Respondents
PRAYER: Appeal Suit filed under Section 96 of the Code of Civil
Procedure against the judgment and decree dated 21.04.2004 in O.S.No.20
of 2001 on the file of the Additional District Judge/Fast Track Court No.1,
Coimbatore.
For Appellants : S.Vijay Raghavan
For Respondents : R1-Died
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A.S.Nos.997 & 998 of 2004
A.S.No.998 of 2004
1.Minor.Priya Darshini
Minor represented by her Mother and Natural Guardian Saradha.
2.Saradha ... Appellants
Vs.
1.R.Venkatesh (Deceased)
2.Indian Overseas Bank
rep. By its Manager
Peelamedu Branch, Coimbatore-4.
3.The Proprietor, Regency Tailors,
1432, Ground floor, Avinasi Road
Peelamedu, Coimbatore-641 004.
4.Iswariam Garment
Rep.by its Partner Murali
1432, First floor, Avinasi Road
Peelamedu, Coimbatore-641 004.
5.Net Land
Rep. By its Proprietor-Rajesh
1432, First floor, Avinasi Road
Peelamedu, Coimbatore-641 004.
6.Institute of Mathametics,
Rep.by its Proprietor
1432, First floor, Avinasi Road
Peelamedu, Coimbatore-641 004.
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A.S.Nos.997 & 998 of 2004
7.C.S.C.Center
Rep.by its Proprietor
1432, Seond floor, Avinasi Road
Peelamedu, Coimbatore-641 004.
8.Sarojini.
(R8 brought on record and second appellant impleaded as LRs of deceased
R1 vide order of Court dated 16.02.2012 made in C.M.P.Nos.139 to 141 of
2012)
... Respondents
PRAYER: Appeal Suit filed under Section 96 of the Code of Civil
Procedure against the judgment and decree dated 21.04.2004 in O.S.No.62 of
2003 on the file of the Additional District Judge/Fast Track Court No.1,
Coimbatore.
For Appellants : S.Vijay Raghavan
For Respondents :
R1 : Died
R2 : Mr.Sunanda Suram
R3, R4 & R7 : Mr.T.L.Thirumalaisamy
R5, R6 & R8 : Not Ready in Notice.
JUDGMENT
Earlier, on 03.11.2023, the learned counsel for the appellants in
both the appeal suits submitted that the matter was settled out of Court and
he also took time to ascertain the position of the matter.
https://www.mhc.tn.gov.in/judis
A.S.Nos.997 & 998 of 2004
2. Today, when the matter is taken up for hearing, the
learned counsel for the appellants in both the appeal suits submits that he
was not able to contact the parties. The learned counsel for the respondents
3, 4 & 7 in A.S.No.998 of 2004 submits that he was also not able to contact
the parties to get instructions.
3. The appeal suits are of the year 2004. The second
respondent in A.S.No.997 of 2004, who was brought on record on
16.02.2012 as the legal heir of the deceased first respondent is yet to be
served and the respondents 5, 6 & 8 in A.S.No.998 of 2004 have not been
served. The 8th respondent in A.S.No.998 of 2004 has been brought on
record as early as 16.02.2012, as the legal heir of the deceased first
respondent. Therefore, it is evident that the appellants are not interested in
prosecuting the appeal by completing the service on the contesting
respondents, probably, in view of the settlement that might have been
entered, as represented by the learned counsel for the appellants.
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A.S.Nos.997 & 998 of 2004
4. In view of the above, both the appeal suits are dismissed
for default. Consequently, connected miscellaneous petitions are closed.
22.11.2023
dpa
Index : Yes / No
Speaking / Non-speaking
Neutral Citation : Yes / No
To
1.The Additional District Judge/Fast Track Court No.1,
Coimbatore.
https://www.mhc.tn.gov.in/judis
A.S.Nos.997 & 998 of 2004
G.ARUL MURUGAN.,J.
dpa
A.S.Nos.997 & 998 of 2004
C.M.P.Nos.16144 of 2004 & 33 of 2008
22.11.2023
https://www.mhc.tn.gov.in/judis
