Second appeal to High Court of Madras was dismissed as abated. The sole appellant died in 2011,and despite a memo filed in 2015 seeking time for legal representation, no steps were taken to prosecute the appeal.
Second 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
DATED: 20.02.2017
CORAM
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
S.A.No. 1225 of 2008
K.G.Venkatesan
...Appellant
Vs.
1. Karunanidhi
2. Madhiyalagan
3. Ashok Kumar
4. Rengina
5. Minor Mohanraj
6. Minor Mohana Priya
(Rep by R4)
7. K.G.Natarajan ...Respondents
Prayer:- This Second Appeal is filed under Section 100 of Civil
Procedure Code against the decree and judgment dated 26.02.2008
in A.S.No.33 of 2007 on the file of Subordinate Court, Vellore
confirming the judgment and decree dated 21.03.2007 in
O.S.No.735 of 2001 on the file of Principal District Munsif
Court, Vellore.
For Appellant : No appearance
For Respondents: Mr.A.Asokan for R1 & 7
R2 died
R3 & 4 – No appearance
JUDGMENT
When the second appeal came up for hearing, none appeared on behalf of the appellant. It is seen from the records that the sole appellant K.G.Venkatesan, died on 29.07.2011 and the memo was filed by the learned counsel for the appellant as early as on 18.06.2015 for seeking time to bring the legal representatives of the deceased sole appellant. But till date no steps have been taken by the appellant.
costs.
-sd/-
Assistant Registrar
True Copy
Sub-Assistant Registrar
rts
To
1. The Subordinate Court, Vellore
2. The Principal District Munsif Court, Vellore
3 The Section Officer, V.R.Section,
High Court, Madras.
+ 1 cc M/s.A.Ashokan, Advocate SR.NO.10655
S.A.No.1225 of 2008
RSK[CO]
RR 02/03/2017
1 issue framed by the court
Whether a second appeal can be prosecuted after the death of the sole appellant without steps taken to bring legal representatives.
1 provisions across 1 enactments
K.G.Venkatesan
Karunanidhi
Ashok Kumar
K.G.Natarajan
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
