Gajalakshmi Ammal vs N.R.Govindan on 2 January, 2020

[Cites 1, Cited by 2]

Madras High Court

Gajalakshmi Ammal vs N.R.Govindan on 2 January, 2020

Bench: G.K.Ilanthiraiyan

                                                                                 SA.No.1163 of 2004



                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 02.01.2020

                                                     CORAM

                               THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              SA.No.1163 of 2004 and
                                          CMP.Nos.20663 and 21941 of 2019


                     Gajalakshmi Ammal                                           ..Appellant

                                                       Vs.

                     1.N.R.Govindan
                     2.N.R.Shanmugam
                     3.N.R.Dhana Vijayan
                     4.Rukku @ Tilakavathi
                     5.Ammu @ Baggiyalakshmi
                     6.M.Banumathi
                     7.Panneerselvam(deceased)
                     8.Krishnasamy @ kitcha
                     9.M.Banumathi                                    ..Respondents
                     (R9 brought on record as LR of the deceased R7, viz., Panneerselvam
                     vide order of court dated 14.12.2018 made in CMP.No.965 to 967 of
                     2013 in SA.No.1163 of 2004(Dr.GJJ))


                     PRAYER:

                           The Second Appeal is filed under Section 100 of CPC against the

                     judgment and decree dated 19.06.2002 in A.S.No.3 of 1997 on the file

                     of the Principal District Judge, Vellore District confirming the judgment

                     and decree dated 22.02.1996 in O.S.No.114 of 1991 on the file of the

                     Subordinate Judge, Ranipet.


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                                                                                 SA.No.1163 of 2004



                                       For Appellant    : K.Pasupathy

                                       For Respondents
                                       For R3            : Mr.M.Duraimurugan
                                       For R1, 2, 4 to 9 : No Appearance


                                                   ORDER:

This second appeal is directed as judgment and decree dated 19.06.2002 in A.S.No.3 of 1997 on the file of the Principal District Judge, Vellore District confirming the judgment and decree dated 22.02.1996 in O.S.No.114 of 1991 on the file of the Subordinate Judge, Ranipet.

2. The civil miscellaneous petitions are filed to condone the delay in filing the application to restore the second appeal in SA.No.1163 of 2004 and to restore the second appeal.

3.The learned counsel for the third respondent submitted that the sole appellant died.

4.It is seen that the sole appellant died, and the legal heirs of the appellant have not taken any step to implead themselves as party to the proceedings. Therefore, the civil miscellaneous petitions are dismissed.

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5. Accordingly, the second appeal is also dismissed as abated.

However, the legal heirs of the sole appellant are at liberty to file petition to set aside the abatement of this second appeal. No costs.

02.01.2020 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To

1.The Principal District Judge, Vellore District

2.The Subordinate Judge, Ranipet.

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