The single judge dismissed the second appeal as abated because the appellant failed to provide details of the legal representatives of deceased parties despite repeated communications. No proceedings were held on merits.
The second appeal (S.A.No.1513 of 1992) was dismissed as abated.
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In the High Court of Judicature at Madras
Dated: 12.11.2014
Coram :
The Honourable Mr.Justice M.SATHYANARAYANAN
S.A.No.1513 of 1992
Ramasamy Gounder .. Appellant/Respondent/Plaintiff
-vs-
1.K.S.Palanisamy (Deceased) 2.K.S.Ponnammal 3.K.P.Balachandran 4.K.Nirmala Devi (RR2 to 4 brought on record as LRs. of deceased sole respondent vide order of Court dt.03.01.2014 made in CMP.No.14082 of 1999) .. Respondents
Second appeal filed under Section 100 C.P.C. against the judgment and decree dated 30.04.1991 passed in A.S.No.93 of 1989 on the file of Sub Court, Gobichettipalayam, reversing the judgment and decree dated 24.04.1989 passed in O.S.No.762 of 1981 on the file of the District Munsif Court, Gobichettipalayam.
For Appellant : Mr.K.Govi Ganesan For Respondent : R1 and R2 died No appearance for RR3 and 4 J U D G M E N T
Mr.K.Govi Ganesan, learned counsel appearing for the appellant would submit that after the demise of respondents 1 and 2, he has addressed a letter to the appellant for the purpose of taking necessary steps to bring the legal representatives of respondents 1 and 2 and his intimation is that the appellant is also no more and no details are furnished in respect of the legal representatives of the deceased respondents 1 and 2. It is further submitted by the learned counsel for the appellant that in spite of repeated communications, the legal representatives of the appellant did not turn up to take steps to prosecute the second appeal.
2.In view of the same, the second appeal is dismissed as abated.
-s/d-
Assistant Registrar(Records)
Dt:28/11/2014
True Copy
Sub-Assitant Registrar
sra
To
1.The Sub Court, Gobichettipalayam.
2.The District Munsif Court, Gobichettipalayam.
vgi(co)
prk8/12
S.A.No.1513 of 1992
1 issue framed by the court
Whether the second appeal abated due to the demise of the parties and lack of details of legal representatives.
1 provisions across 1 enactments
Ramasamy Gounder
K.S. Palanisamy
K.S. Ponnammal
K.P. Balachandran
K. Nirmala Devi
M. Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
