JUDGMENT

(Prayer:Original Side Appeal filed under Order 36 Rule 1 of O.S.Rules read with Section 15 of Letters Patent against the judgment and decree of the learned Single Judge of this Court dated 21.06.2013 made in CS.No.408/2008)

S.S. Sundar, J.,

(1) The 1st defendant in the suit in OS.No.108/2008, as the appellant, filed the above Original Side Appeal. Pending Appeal, the 1st defendant by name R.Gajendran, died and hence, appellants 2 to 5 were brought on record as the legal representatives of the deceased sole appellant.

(2) It is seen that the 1st respondent/plaintiff by name Shanmugam, also died during pendency of the appeal and therefore, respondents 9 to 11 were brought on record as legal representatives of the deceased 1st respondent.

(3) Brief facts that are necessary for the disposal of this Original Side Appeal are as follows:-

(4) The deceased 1st appellant and the deceased 1st respondent herein are the sons of one Mr.V.Rajamanickam. The wife of Mr.V.Rajamanickam, namely, Smt.Sivabhushanammal, mother of the 1st appellant and 1st respondent herein, died on 05.10.2005. Mr.V.Rajamanickam died on 10.09.1983 leaving behind his wife Sivabhushanammal, plaintiff/1st respondent here