The High Court of Madras abated the second appeal due to the death of a respondent without legal heirs being impleaded, thereby closing the connected miscellaneous petition.
The Second Appeal is abated and the connected miscellaneous petition is closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.03.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.No. 1149 of 2009 and M.P.No.1 of 2009
1.Kamakshi Ammal (Deceased)
2.Podjavady 3.Veeapattiran
4.Kattavarayan 5.Danalakshmi
6.Dayalan ... Appellants
(Appellants 2 to 6 brought on record as LRs of the deceased sole appellant vide order of the court dated 29.07.2016 made in M.P.Nos.1 to 3 of 2010 in S.A.No.1149 of 2009)
Vs.
1.Guna @ Gunasundari 2.Mahendran 3.Mohan (Deceased) 4.Sinnadurai 5.Sathai Ammal
7.Rajendran
8.Jagajeevanram
9.Natarajan 10.Krishnaraj 11.Ganesan
12.Balasubramani
13.Andal
14.M.Sumalatha
... Respondents 1 to 10/LR'of the Respondents 11 to 14
(Respondents 11 & 12 brought on record as LRs of the deceased sole appellant vide order of the court dated 29.07.2016 made in M.P.Nos.1 to 3 of 2010 in S.A.No.1149 of 2009)
(Respondents 13 & 14 brought on records as LRs of the deceased R3 vide order of court dated 02.09.2016 made in C.M.P.No.9089 of 2016 in S.A.No.1149 of 2009)
Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 26.06.2009 in A.S. No.96 of 2006, on the file of the II Additional District Judge, Pondicherry,
upholding the decree and judgment dated 21.11.1995, in O.S. No.20 of 1990, on the file of the Principal Subordinate Judge, Pondicherry.
JUDGMENT
Today, when the matter is taken up for hearing, there is no representation for the appellants. It is represented by the learned counsel appearing for the respondents that the eighth respondent died on 22.09.2017 and till date no steps have been taken to implead the legal heirs of the deceased eighth respondent.
2.In view of the above, the Second Appeal stands abated. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar
//True copy//
Sub Assistant Registrar
mtl
To
1.The II Additional District Judge, Pondicherry.
2.The Principal Subordinate, Pondicherry.
Copy To
The Section Officer, VR Section, High Court, Madras.
+1cc to Ms.N.Mala, Advocate SR.No.18752
S.A.No. 1149 of 2009 and M.P.No.1 of 2009 AJS(CO) GMY(31/03/2022)
Kamakshi Ammal (Deceased) and others
Guna @ Gunasundari and others
E. R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
