This judgment dismisses a second appeal as abated. The appellant, a legal representative of a deceased party, failed to file representation for over three years since the death.
The second appeal is dismissed as abated. Connected miscellaneous petition is closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.11.2016 CORAM : THE HONOURABLE Dr. JUSTICE G. JAYACHANDRAN SA.No.1676 of 1993 and CMP.No.642 of 2009
2.Vishalakshi Ammal
(2nd appellant brought on record as the legal representative of the deceased sole appellant vide order dt.23.07.1996 in CMP.Nos.18695 and 18696 of 1995)
.. Appellant
Vs.
1.Veerasamy
2.Govindammal
3.Lakshmi
4.Malarkodi
5.Tamilselvi
6.Minor Danavel
7.Minor Nehru
8.Minor Elavarasu
Minors 6 to 8 represented by Court Guardian
Advocate Mr.Francis Xavier, DMC, Jayamkondan
... Respondents
Second Appeal is filed under Section 100 of C.P.C. against the judgment and decree dated 19.11.1992 made in AS.No.152 of 1989 on the file of the Subordinate Judge, Ariyalur reversing the judgment dated 27.02.1989 made in OS.No.179 of 1988 on the file of the District Munsif, Jayamkondam.
For Appellant : Mr.J.Ramakrishnan for Sarvabhauman Associates For Respondents 2 to 5 : Given up
JUDGMENT
Today, when the matter was posted under the caption "for dismissal", the learned counsel for the appellant represented and sought some more time to bring the legal representatives of the sole appellant.
2.The perusal of records would reveal that as early as on 02.04.2013, the counsel has informed this Court that the sole appellant died and he needs time to take steps. Again, the matter was listed on 01.11.2016, there is no representation on
behalf of the appellant and directed to be posted today under the caption "for dismissal".
3.Mr.J.Ramakrishnan, learned counsel appearing for the appellant seeks time for taking steps. This Court finds, no bonafide reason to grant any further time and since, the sole appellant died as early as on 02.04.2013, already more than three years have been lapsed and the appeal has been abated long back.
4.In view of the above, the second appeal stands dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
tsh
To
1. The Subordinate Judge, Ariyalur.
2. The District Munsif, Jayamkondam.
+1 cc to M/s.Sarvabhauman Associates vide sr 62362
SA.No.1676 of 1993
mv(co) aa23/11/2016
1 issue framed by the court
Whether a second appeal filed under Section 100 of CPC stands dismissed as having abated due to the death of the sole appellant and insufficient delay in filing legal representation.
Vishalakshi Ammal
Veerasamy
Govindammal
Lakshmi
Malarkodi
Tamilselvi
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
