The Madras High Court dismissed a civil miscellaneous appeal filed under the Indian Succession Act, 1925 for non-prosecution. The appellant's counsel reported lack of instructions from the appellants and no appearance was recorded.
The Civil Miscellaneous Appeal is dismissed for non prosecution. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMA(MD)No.218 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA(MD)No.218 of 2008
1.Deivadanam
2.Agnes
... Respondents/Appellants
vs.
1.Megda Edith Jagannathan
10.Sudha Fells
11.Geetha Santhini Fells ... Respondents/Respondents
(R7 to R9 brought on record as legal heirs of the deceased R6. R10 & R11 are brought on record as legal heirs of the deceased R5 and R4 recorded as LRS of the decd. R5 vide order dated 15.02.2013 in M.P. (MD)Nos.1 & 2/2010 and M.P.(MD)Nos.1 to 3/2009 in CMA(MD) No.218/2008.
Appeal filed under Section 299 of the Indian Succession Act, 1925, against the order and decreetal order of the First Additional Subordinate Judge, Nagercoil, passed in Probate O.P.No.4 of 1997 dated 31.12.2004.
For Appellant : Ms.J.Anandhavalli For R1 & R2 : No appearance
For R4, R7 to R9 & R11 : Mr.N.Tamilmani
JUDGMENT
The learned counsel for the appellants reports no instructions from the appellants. She also states that the 2nd respondent is no more and the appellants have not bothered to furnish the particulars of the legal heirs of the 2nd respondent, despite repeated requests by the counsel. She has also filed a memo dated 14.02.2022 to that effect.
Sd/-
Assistant Registrar (CS III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
bala
Page 1/2
CMA(MD)No.218 of 2008
To
Ist Additional Subordinate Judge, Nagercoil.
Copy to:
The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.TAMILMANI, Advocate ( SR-6131[F] dated 15/02/2022 )
+1 CC to M/s.J.ANANDHAVALLI, Advocate ( SR-6151[F] dated 15/02/2022 )
CMA(MD)No.218 of 2008 DATED : 14.02.2022
MGJ(22.02.2022) 2P 6C
Page 2/2
1 issue framed by the court
Whether the appeal should proceed when the appellants reported no instructions and no appearance was filed.
1 provisions across 1 enactments
Deivadanam
Agnes
Megda Edith Jagannathan
Lionel J.Daniel
Theodore Daniel
A.Satheesh Fells
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
