Two second appeals were dismissed as abated because the sole appellant died and his legal representatives failed to appear despite notice.
Second Appeals dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.12.2018
Coram:
The Honourable Dr.Justice G.JAYACHANDRAN
Second Appeal Nos.977 & 978 of 2005
S.A.Nos.977 & 978 of 2005:
Ponnambalam Padaiyachi, Son of Duraisamy, South Street, Therkiruppu Village, Virudhachalam Village, Cuddalore District. ...Appellant/Plaintiff in both S.A's
Vs.
S.A.No.977 of 2005:
S.A.No.978 of 2005:
S.A.Nos.977 & 978 of 2005:
COMMON PRAYER: These Second Appeals are filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 17.03.2003 made in A.S.No.22 of 2002 & A.S.No.23 of 2002 respectively, on the file of the Principal Subordinate Judge, Virudhachalam partly reversing the judgment and decree dated 03.04.2001 in O.S.No.436 of 1993 on the file of the Principle District Munsif, Virudhachalam.
S.A.No.977 of 2005:
For Appellant : Mr.S.Mayilnathan for Mr.D.Shivakumaran
For R1 to R3 : Mr.V.Anand
For R4 : Ms.Sripriya
for Mr.N.Ragavachari
For R5 : No appearance
S.A.No.978 of 2005:
For Appellant : Mr.S.Mayilnathan
for Mr.D.Shivakumaran
For R6 : Mr.V.Ragavachari
For R1 to R5,
R7 to R10 : No appearance
C O M M O N J U D G M E N T
The learned counsel appearing for the sole appellant
has filed a memo stating that the appellant died and reports “No
instruction”, since, the legal representatives of the deceased
appellant has not turned up, despite notice.
2. Considering the above facts and the memo filed by
the appellant, these Second Appeals are dismissed as abated. No
costs.
bsm
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To,
1. The Principal Subordinate Judge,
Virudhachalam,
Cuddalore.
2. The Learned Principle District Munsif,
Virudhachalam, Cuddalore.
Copy to:-
The Section Officer,
V.R.Section, High Court,
Madras.
Second Appeal Nos.977 & 978 of 2005
MG(CO)
KAK(11/01/2019)
Ponnambalam Padaiyachi
Aadhilakshmi
Sundararajan
Soundararajan
Kaliaperumal
Valarmathi
Justice G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
