Dismissed

Kannammal v. 1.GOVINDASAMY Gounder

Madras HC6 Feb 2018SA/1882/1997

Case brief

AI extract

What is this about?

Second appeals were dismissed as abated on the representation that the sole appellant was dead, with his son having predeceased him in 1989 and no legal heir petition filed by other heirs. The order dismisses the suits and closes the connected miscellaneous petition.

What did the court decide?

The second appeals were dismissed as abated. No costs awarded. Connected miscellaneous petition closed.

Kannammal Vs 1.GOVINDASAMY Gounder — Civil Procedure and Limitation | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06.02.2018

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.Nos.1882/1997 & 1040/1998

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and CMP.No.18950/1997

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Kannammal

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... Appellant/Defendant/Respondent in both the appeals

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Vs.

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1.Govindasamy Gounder 2.Karunai Ammal(deceased) 3.Kandasamy(deceased) ...Respondents 1 to 3/Plaintiffs 1 to 3 4.4.Duraisamy 5.Anjali Devi 6.Gowtham 7.Divya ...Respondents 4 to 7 in both the appeals (R4 brought on record as LR of the deceased R2 vide order of this Court dated 10/1/2018 and made in CMP 92 and 93/2012 in SA.No.1882/2017,CMP 97 to 99/2012 in SA.1040/98)

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(RR5 to 7 brought on record as LRs of the deceased R3 vide order of this Court dated 10/01/2018 and CMPs 94 to 96/12 in SA.1882/97 CMPs 100 to 102 in SA.1040/98)

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COMMON PRAYER: The Second Appeals have been filed under Section 100 of C.P.C. to set aside the Judgment and Decree dated 30.09.1997 passed in A.S.Nos.149/1996 & 144/1996 on the file of the I Additional District Judge-cum-Chief Judicial Magistrate, Erode in modifying the Judgment and Decree dated 07.12.1995 in O.S.No.426/1990 on the file of the Principal Subordinate Judge, Erode.

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It is represented that the sole appellant was dead and prior to his death, his only son was also died in the year 1989. Hence, the appeal is dismissed as abated and the other class - I legal heirs have not come forward to file the legal heir petition.

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

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In view of the above the second appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
gv
To
1. The I Additional District Judge-cum-Chief
Judicial Magistrate,
Erode.
2. The Principal Subordinate Judge,
Erode.
Copy to:The Section Officer,
VR Section,
High Court, Madras(2 copies)
VD(CO)
sm:6.3.2018
S.A.Nos.1882/1997 & 1040/1998
and
CMP.No.18950/1997

¶15

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

Kannammal v. 1.GOVINDASAMY Gounder

Case brief

What is this about?

What did the court decide?

Kannammal v. 1.GOVINDASAMY Gounder

Case brief

What is this about?

What did the court decide?

What the court decided

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