Advocates:
['M/S S UDAYA KUMAR', 'M/S R MEENAL', '', 'FOR RR TO', 'R - V N PANDARINATHAN', 'R - PALANISAMY']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

S.A.No.1452 of 1987 and

C.M.P.Nos.992 to 994 of 2018

1.Ramasamy Maruthuvar

2.Rajamanickam Maruthuvar

3.Singaram Maruthuvar

4.R.Mallika

5.Alamelu ammal(died)

6.Kannan Naidu

7.Ramadoss Naidu(Died)

8.Kaliamoorthy

9.Duraisamy (Died)

..Appellants 1 to 9 in S.A/

Petitioner in C.M.Ps

10. Dhaneswaran @ Durai Dhaneswaran

11. Venkatesan

12. Vasantha

13. Vridhambal

14. Balaganapathy

15. Sivaraman

16. Sivasankaran

17. Raghavan

.. Petitioners 10 to 17 in C.M.P/

(Proposed Appellants 10 to 17)

Vs.

1.V.N.Pandarinathan(died)

2.Minor Palanisamy

3.T.Mallika

..Respondents 1 to 3 in S.A/

Respondents 1 to 3 in C.M.P

4. Sundarambal

5. Thirumeni

6. ArulPrakasam

7. Kumaravelu

8. Malarvizhi

..Respondents 4 to 8 in C.M.Ps

(Proposed Respondents 4 to 8)

Prayer: Second Appeal filed under Section 100 of the Code of

Civil Procedure Code against the Judgment and decree of the

Subordinate Judge, Vridhachalam dated 07.04.1987 made in A.S.

28/1985 filed against the District Munsif, Vridhachalam dated

17.01.1977 made in O.S. 556/1975.

https://hcservices.ecourts.gov.in/hcservices/

C.M.P. 992 to 994/2014:

These Petitions praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court will

be pleased to bring on record 1. Dhaneswaran @ Durai Dhaneswaran

2. Venkatesan 3. Vasantha 4.Vridhambal 5.Balaganapathy

6.Sivaraman 7. Sivasankaran 8. Raghavan , as Lrs of the

deceased 9^th

appellant Duraiswamy and to record them as

appellants 10 to 17 in this Second Appeal(in C.M.P. 994/2014)

To condone the dealy of 10355 days in seeking to set aside the

abatment caused due to the death of the deceased 9^th appellant.

(in C.M.P. 993/2014)

To set aside the abatment caused due to the defendant of

deceased 9^th appellant in the above S.A.(in C.M.P. 992/2014)

For Appellants

:

Mr.S.Krishnasamy

For Respondents :

Ms.R.Meena

JUDGMENT

Both the learned counsel for the appellant as well as the

learned counsel for the respondents made a submission that, in

spite of several efforts, they could not able to secure any

instructions from their respective parties to get along with the

case. It is further contended that the 9^th appellant also passed

away long back and the learned counsel for the appellant had

taken steps in CMP.Nos.992 to 994 of 2018, however unable to

secure further instructions to proceed with the matter on

merits.

2. This being the inability expressed before this Court,

this Court is of an opinion that no purpose would be served by

keeping the present Second Appeal pending for an unspecified

period, any further. Thus, Second Appeal stands closed. The

respective parties are at liberty to reopen the case, if they

have chosen to do so within a reasonable period of time.

However, there shall be no order at costs. Consequently

connected miscellaneous petitions are closed.

s/d-

Assistant Registrar(CO)

True Copy

Sub-Assistant Registrar

sk

https://hcservices.ecourts.gov.in/hcservices/

To

1.The District Munsif,

Vridhachalam.

2.The Subordinate Judge,

Vridhachalam.

Copy To:-

The Section Officer

VR Section, High Court

Madras.

+ 1 CC to M/s.R. Meenal,Advocate sr 78674.

+1 CC to M/s. S. Krishnasamy, Advocate sr 78484

SA.No.1452 of 1987

RSI(CO)

SP(24/12/2018)

https://hcservices.ecourts.gov.in/hcservices/