The court dismissed a second appeal under Section 100 CPC as abated since both the appellants and the respondent had died and no steps were taken to proceed. Connected miscellaneous petition closed.
Second appeal dismissed as abated. Connected miscellaneous petition closed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM
and C.M.P.No.13699 of 1997
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure Code, against the judgment and decree dated 19.02.1997 passed in A.S.No.7/96 passed by the Principal District Judge, Erode decreeing the suit in O.S.No.1102/90 dated 23.11.1995 passed by the I Additional District Munsif, Erode.
For Appellants :Mr.Naveen Kumar Murthi For Respondents :No appearance O R D E R
The learned counsel for the appellant brought to the notice of this Court that the appellants as well as the sole respondent died. Further, no steps had been taken by the respective parties to proceed with the second appeal.
-s/dAssistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
To
S.A.No.1381 of 1997 and C.M.P.No.13699 of 1997
VD(CO)
SP(18/12/2018)
1 issue framed by the court
Whether the second appeal stands dismissed due to abatement on grounds of death of parties.
1 provisions across 1 enactments
Kuppana Gounder
Chinnasamy Gounder
Ramasamy Gounder
Rangasamy Gounder
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
