Second appeals filed by a mother against her son regarding a suit property were dismissed as abated after the appellant's death. The court held that once the appellant died, the litigation ended, leaving nothing to adjudicate.
Second appeals dismissed as abated.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2018
CORAM:
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
SECOND APPEAL Nos.1193 and 1194 of 2004
Mangamma Bai .. Appellant in both appeals/Plaintiff
/versus/ Shanmuga Das .. Respondent in both appeals/Defendant Common Prayer: Second Appeals have been filed under Section 100 of the Civil Procedure Code against the judgments and decrees dated 16.02.2004 passed in A.S.Nos.51 and 50 of 2003 respectively on the file of the Principal District Court, Pondicherry in reversing the judgments and decrees dated 30.10.2003 passed in O.S.Nos.607/02 and 531/03 respectively on the file of the Principal District Munsif Court, Pondicherry. For Appellant :Mr.R.Natarajan(in both cases) For Respondent :Mr.D.Shivakumaran(in both cases) COMMON JUDGMENT
These two appeals are filed by the mother against her son in respect of the suit property in which the appellant mother has claimed life interest based on the Will. Whereas the son sought for Mandatory Injunction to restore water connection.
returned with an endorsement as “deceased”.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
ari
To
1.The Principal District Court, Pondicherry.
2.The Principal District Munsif Court, Pondicherry.
Copy To
The Section Officer, VR Section, High Court, Madras.
S.A.Nos.1193 and 1194 of 2004
RV(CO)
GMY(25/01/2019)
2 issues framed by the court
Whether the second appeals survive given the death of the appellant mother during the pendency of the proceedings.
Whether the second appeals should be dismissed on the ground of abatement due to death of a party.
1 provisions across 1 enactments
Mangamma Bai
Shanmuga Das
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
