Vs
Case brief
What is this about?
In this second appeal regarding a suit for injunction, the High Court dismissed the appeal as abated.
What did the court decide?
The Second Appeal is dismissed as abated. No costs.
What the court decided
A compact analysis
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
DATED : 16.11.2016
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
S.A. No.244 of 1985
Muthu Gounder ... Appellant/Plaintiff
Vs.
1.Poosari alias Palaniappan
2.Kuppan
3.Muthu
4.Annamalai
5.Nanja Gounder ... Respondents/Defendants
PRAYER : Second Appeal filed under Section 100 of Civil
Procedure Code against the Judgment and decree dated 9 th day of
August 1984 in A.S.No.17 of 1984 on the file of the District
Court, Salem preferred against the Judgment and decree dated 28 th
day of June 1983 in O.S.No.107 of 1982 on the file of the
District Munsif's Court of Mettur.
For Appellant : No appearance
For Respondents : Mr.A.Sivaji for R2
J U D G M E N T
The suit for injunction was dismissed by the trial Court and confirmed by the first Appellate Court on Second Appeal it was reversed by this Court. Challenging the same, the first respondent has filed Civil Appeal before the Hon'ble Supreme Court. However, when the matter was taken up for hearing by the Hon'ble Supreme Court, it was remanded back to this Court to reconsider the question of law formulated at the time of admission of the Second Appeal regarding title.
- When the matter was taken up for final disposal on 01.04.2016, it was revealed by the learned counsel for the second respondent that the respondents 1,3,4 and 5 died. Subsequently, this Court, by an Order dated 04.04.2010 has directed the Registry to serve notice to the appellant and list the matter for disposal on 22.04.2016.
Issues for consideration
1 issue framed by the court
Whether the Second Appeal abated due to the death of the sole appellant without representation.
Parties & counsel
- appellant
Muthu Gounder
- respondent
Poosari alias Palaniappan
- respondent
Kuppan
- respondent
Muthu
- respondent
Annamalai
- respondent
Case details
As recorded by the court registry
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