Second Appeal No.208 of 2009 filed under Section 100 CPC by Ramasamy Gounder against orders in suits O.S.No.989 of 1991 and A.S.No.103 of 2004 was dismissed as abated due to the appellant's death during pendency, with the court holding that the cause of action did not survive.
Appeal dismissed as abated; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
Dated:09.12.2016
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
Second Appeal No.208 of 2008
Ramasamy Gounder .. Appellant/1 st Defendant
/vs/
1.J.Mohanasundari
2.R.Rani
3.Manonmani
4.R.Iyyammal
5.Palanichamy .. Respondents/Plaintiffs 1 to 4/
& Defendant-2
Second Appeal filed under Section 100 of the Civil
Procedure Code against the concurrent findings of the Courts
below made in Judgment and Decree in O.S.No.989 of 1991 dated
11.02.2004 on the file of III Additional District Munsif Court,
Coimbatore and in Judgement and Decree in A.S.No.103 of 2004,
dated 10.04.2006 made on the file of the III Additional Sub
Court, Coimbatore.
For Appellant :Mr.N.Vijayaraj
For Respondents:No appearance
JUDGMENT
The learned counsel appearing for the appellant submits that it is a suit for permanent injunction filed by the appellant and the same has been dismissed by both the Courts below and against the concurrent findings, this Second Appeal was filed. Pending disposal of the appeal, the appellant died and the cause of action does not survive.
Ari
Sd/Asst.Registrar /true copy/
Sub Asst. Registrar
To
S.A.No.208 of 2009
MSM(CO) RVR 10/01/2017
3 provisions across 3 enactments
Ramasamy Gounder
J. Mohanasundari
R. Rani
Manonmani
R. Iyyammal
Palanichamy
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
