The Hon'ble High Court of Madras dismissed two second appeals filed under Section 100 CPC as they had abated. This was done because the sole respondent died, and her legal heirs were not brought on record to prosecute the appeals.
Second Appeals dismissed as abated. No costs. Connected miscellaneous petitions also dismissed.
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 : 04.03.2019
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN
S.A.Nos.1558 and 1559 of 2005 and C.M.P. Nos.20100 and 20101 of 2005
M.Durai Naicker ...Appellant/Appellant/Defendant in both the second appeals Vs. G.Krishnaveni ...Respondent/Respondent/Plaitniff in both the second appeals Prayer: Second Appeals filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 17.06.2004 made in A.S.Nos. 52 and 51 of 2003 on the file of the Additional District Judge, Fast Track Court No.V, Chengalpattu at Thiruvallur and by confirming the judgment and decree dated 13.08.2003 in O.S.Nos.624 of 1992 and 70 of 1990 on the file of the learned district Munsif Court, Thiruvallur.
For Appellant : Mr.A.R.Suresh in both appeals For Respondent : Mr.A.S.Vijay Anand in both appeals
COMMON JUDGMENT
Counsel for the appellant represents that he is unable to ascertain the legal heirs of the deceased sole respondent and proceed further with the prosecution of the appeals in the manner known to law and accordingly prays for the dismissal of the second appeals as abated.
in the manner known to law, there is no prupose in keeping the appeals further pending.
Sd/-
Assistant Registrar(CCC)
//True copy//
Sub Assistant Registrar
bga
1. Additional District Judge, Fast Track Court No.V,
Chengalpattu at Thiruvallur
2. District Munsif Court, Thiruvallur.
Copy to
The Section Officer, V.R.Section,
High Court, Madras.
+1cc to Mr.A.R.Suresh, Advocate SR.No.20797
+1cc to Mr.AS.Vijay Anand, Advocate SR.No.19767
S.A.Nos.1558 and 1559 of 2005
and
C.M.P. Nos.20100 and 20101 of 2005
FJ(CO)
GMY(02/04/2019)
1 issue framed by the court
Whether the second appeals should be dismissed as they have abated due to the death of the sole respondent without her legal heirs being brought on record.
1 provisions across 1 enactments
M.Durai Naicker
G.Krishnaveni
T.Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
