A brief second appeal regarding a civil dispute was dismissed as abated because the appellant had died and no steps were taken to continue the proceeding within two years.
Second Appeal dismissed as abated.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.11.2019 CORAM: THE HON'BLE MR.JUSTICE R.SUBRAMANIAN S.A.No.972 of 2006 and M.P.Nos.1 and 2 of 2006
P.Kannappa Reddy ... Appellant/Plaintiff Vs. 1.Govinda Reddy 2.Valliammal ... Respondents/ Defendants PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28.04.2005 made in A.S.No.124 of 2004 on the file of Sub-Court at Ranipet confirming the judgment and decree dated 31.08.2004 made in O.S.No.108 of 1993 on the file of the District Munsif Court at Sholingur. For Appellant : Mr.Ganapathy for M.P.Jayaprakash J U D G M E N T
By order dated 29.08.2017, this Court had recorded that the appellant died. More than two years have lapsed, no steps have been taken. Hence, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssn To 1. The Subordinate Judge,Ranipet. 2. The District Munsif,Sholingur. S.A.No.972 of 2006 and M.P.Nos.1 and 2 of 2006 A.SK(05/12/2019)
1 issue framed by the court
Whether a second appeal abates due to the death of the appellant.
1 provisions across 1 enactments
P. Kannappa Reddy
Govinda Reddy
Valliammal
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
