The Second Appeal was dismissed as abated, as the sole appellant had died at the time of hearing with no instruction received from the legal heirs despite the matter's pendency.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:13.12.2018 Coram:
THE HON'BLE DR. JUSTICE G. JAYACHANDRAN
Second Appeal No.178 of 2004 Pichakaran .. Appellant
/versus/
1.Veeraraghavan(deceased)
2.Arunachalam
3.Rajammal
4.Kulandaivelu
5.Arasan
6.Kannan
7.Rani
(RR3 to R7 brought on record as LRS of the
deceased R1 vide order of Court dated
10/07/2018 made in C.M.P.Nos.151 to 153/2018
in S.A.No.178 of 2004(TRNJ)) .. Respondents
Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 26.02.1997 in A.S.No.228 of 1996 on the file of the Civil Judge, (Senior Grade), Kallakurichi confirming the judgment and decree dated 18.11.1994 in O.S.No.632 of 1989 on the file of the Additional District Munsif's Court, Kallakurichi.
For Appellant :Ms.R.Meenal For Respondents :Mr.Aishwarya for R3 to R6 Not ready for R2
The learned counsel appearing for the appellant would submit that the sole appellant Pichakaran died and there is no instruction from the legal heirs of the deceased sole appellant, inspite of intimating about the pendency of the second appeal.
With the above said reasons, this Second Appeal is dismissed as abated. No costs.
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
S.A.No.178 of 2004
SJ(CO) GSP(22/01/2019)
1 issue framed by the court
Whether the Second Appeal being filed after the death of the sole appellant without instruction from legal heirs should be allowed to proceed.
Pichakaran
Veeraraghavan
Arunachalam
Rajammal
Kulandaivelu
Arasan
G. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
