Isaac Immanuel … vs Ebenezer
2024 Latest Caselaw 18337 Mad

Madras High Court

Isaac Immanuel … vs Ebenezer on 13 September, 2024

                                                                                  S.A.No.1518 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 13.09.2024

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                               S.A. No.1518 of 2011
                                               and M.P.No.1 of 2011

                     Isaac Immanuel                                                 … Appellant

                                                          Vs.

                     1.Ebenezer
                     2.Robert William
                     3.Kirubai Varam
                     4.Ruth Sampornam
                     5.Miriam Elizabeth
                     6.Israel
                     7.Ephraim
                     8.A.Immanuel                                        .. Respondents
                     (Respondents 4 to 6 & 8 are given up)
                     PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside

                     the common judgment and decree dated 08.02.2011 passed in A.S.No.65

                     of 2010 on the file of the II Additional Sub Court, Salem, reversing the

                     judgment and decree dated 05.04.2010 passed in O.S.No.98 of 2008 on

                     the file of the I Additional District Munsif Court, Salem.



                                          For Appellant         : Ms.R.Vaishali

                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                    S.A.No.1518 of 2011

                                                                   for Mr.R.Subramanian

                                             For R1 to R3 & R7 : No appearance

                                                     JUDGMENT

The learned counsel appearing for the appellant submits that the

appellant is no more and she is unable to contact the appellant despite

efforts taken by them and filed a memo to that effect, which reads as

follows:-

“It is informed by the learned counsel for the

respondent during the pendency of this second appeal

that the contesting respondents have died. The

appellant has also died. We do not have any

instructions from our client as on date to bring the LR's

on record to contest the case.

It is therefore prayed that this Hon'ble Court

be pleased to dismiss the second appeal as abated and

thus, render justice.”

2. Recording the above submission and the memo filed by the

learned counsel for the appellant, the Second Appeal is dismissed as

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

abated. However, there shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

13.09.2024 Index :Yes/No gsa

To

1.The II Additional Subordinate Judge, Salem.

2.The I Additional District Munsif, Salem.

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

N.SENTHILKUMAR, J.

Gsa

13.09.2024

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