Dismissed

Sellappa Gounder @ Sellappan v. Nanjappa Gounder

Madras HC8 Feb 2017SA/738/2011

Case brief

AI extract

What is this about?

The High Court, Madras dismissed a second appeal filed in a civil suit as abated. The appeal was filed by an appellant who had died during the proceedings. The court refused to proceed without the legal heirs of the deceased appellant being impleaded in the appeal. Consequently, the connected miscellaneous petition was closed.

What did the court decide?

Second appeal dismissed as abated; no costs; connected miscellaneous petition closed.

Sellappa Gounder @ Sellappan Vs Nanjappa Gounder — Succession and Inheritance | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED:08.02.2017

¶3

CORAM :

¶4

THE HONOURABLE MR.JUSTICE T.RAVINDRAN
S.A.No.738 of 2011
and
M.P.No.1 of 2011
Sellappa Gounder @ Sellappan
... Appellant/Appellant/Plaintiff
Vs.
1.Nanjappa Gounder
2.Sarasayammal @ Sarasal
3.The District Collector,
Erode Town,
Erode District.
4.The Tahsildar,
Taluk Office,
Gobichettipalayam Town,
Erode District.
... Respondents/Respondents/Defendants
Prayer:- This Memorandum of Second Appeal is filed under Section
100 of Civil Procedure Code against the judgment and decree
dated 25.01.2011 made in A.S.No.45 of 2010 on the file of the
Subordinate Judge, Gobichettipalayam, confirming the judgment
and decree dated 18.06.2010 made in O.S.No.189 of 2007 on the
file of the District Munsif Court, Gobichettipalayam.

¶5

For Appellant : Mr.R.T.Doraisamy
For Respondents : Mr.M.Narayanasamy

¶6

The learned counsel for the appellant and the learned counsel for the respondents present.

¶7

https://hcservices.ecourts.gov.in/hcservices/

¶8

Memo dated 08.02.2017 filed by the learned counsel for the appellant stating that despite the registered letter, no information has been furnished as regards the legal heirs of the deceased appellant and accordingly he has filed the memo informing that he has no further instructions. The said memorandum is taken on record.

¶9

Inasmuch as no steps have been taken to implead the legal heirs of the deceased appellant, this second appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is closed.

¶10

Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
dn
To
1.The Subordinate Judge,
Gobichettipalayam.
2.The District Munsif Court,
Gobichettipalayam.
3.The District Collector,
Erode Town,
Erode District.
4.The Tahsildar,
Taluk Office,
Gopichettipalayam Town,
Erode District.
+1cc to M/S.M.Narayanaswamy, Advocate Sr.8198
S.A.No.738 of 2011
and
M.P.No.1 of 2011
ala[co]
srg 21/2/2017

¶11

https://hcservices.ecourts.gov.in/hcservices/

Sellappa Gounder @ Sellappan v. Nanjappa Gounder

Case brief

What is this about?

What did the court decide?

Sellappa Gounder @ Sellappan v. Nanjappa Gounder

Case brief

What is this about?

What did the court decide?

What the court decided

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