Dismissed¶22

Rajamanickam Pillai v. Krishnaveni Ammal

Madras HC7 Feb 2025CMP/1529/2023

Case brief

AI extract

What is this about?

CMP 1529 of 2023; Madras High Court; S.A.No.1510 of 1993; restoration of second appeal dismissed for non-prosecution by order dated 26.10.2015; petition dismissed as abated; death of appellant/petitioner in 2022; death of second respondent; legal representatives respondents 6 to 8; guardian for minor respondents 7 and 8 also dead; counsel Mohammed Dharwish for appellant; V. Srimathi for respondents 1, 2 and 4; decided 07-02-2025.

What did the court decide?

Since the appellant/petitioner was dead and no further steps had been taken, the Court had no other option than to dismiss the miscellaneous petition; accordingly CMP.No.1529 of 2023 was dismissed as abated. ¶22

Rajamanickam Pillai Vs Krishnaveni Ammal — Madras HC (2025) — LawSathi Research

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CMP NO. 1529 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-02-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. S. SUNDAR

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CMP NO. 1529 of 2023

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in S.A.No.1510 of 1993

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Rajamanickam Pillai S/o. Venkatachalam Pillai, No.7, Aranjui Road, Somaspadi Pudur, Somaspadi Post, Tiruvannamalai Tk.

Appellant(s)

Krishnaveni Ammal

W/o. Venkatachala Pillai, No.48, Rajanai Koil St, Acharapakkam Village, Madurantakam Taluk, Chengalpattu Dt. and 7 Others

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Respondent(s)

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For Appellant(s):

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Mr. Mohammed Dharwish For M/s.R.Rajarajan

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For Respondent(s):

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Mrs. V. Srimathi For R1,2 And 4

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ORDER

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Vide order dated 26.10.2015, this Court had dismissed the second appeal in S.A.No.1510 of 1993 for non-prosecution and this miscellaneous petition is filed to set aside the said order and to restore the second appeal to its file.

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Heard Mr.Mohamed Dharwish, learned counsel for the petitioner/appellant and Mrs.V.Srimathi, learned counsel appearing for the respondents 1,2 and 4.

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On 05.02.2025, it is brought to the notice of the Court that the second respondent was dead and the respondents 6 to 8 herein are brought as legal representatives of the deceased second respondent, and that the sixth respondent who is appointed as guardian https://www.mhc.tn.gov.in/judis for the minor respondents 7 and 8, is also no more.

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Therefore, this Court directed the petitioner to take steps to file a petition for appointment of guardian for the minor 7th and 8th respondent. Today, it is reported by the learned counsel for the petitioner that the petitioner/appellant had died in the year 2022.

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5.Taking note of the fact that the appellant/petitioner is dead and that no further steps were taken, this Court has no other option than to dismiss this petition. Accordingly, CMP.No.1529 of 2023 is dismissed as abated.

07-02-2025