A single-judge bench dismissed two second appeals abated due to the death of one respondent and the other respondent's dismissal in prior proceedings. The court noted a 22-year delay without impleading legal heirs.
The second appeals were dismissed as abated and connected miscellaneous petitions were closed. No costs.
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 : 06.01.2020
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
SA.Nos.1137 & 1310 of 1998 and CMP.Nos.11150 & 12705 of 1998
SA.No.1137 of 1998
1.N.Kadhirvelu
2.Annamalai(deceased)
3.Thaiyal Nayaki
4.A.Santhi
5.A.Ganesan ..Appellants/Plaintiffs
(Appellants 4 and 5 brought on record as LR's of the deceased 2 nd
appellant vide order of court dated 23.02.2015 made in
CMP.Nos.162 to 164 of 2015 in SA.No.1137 of 1998)
Vs.
1.Nagappan
2.Kalyani Ammal ..Respondents/Defendants
PRAYER:
The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 02.02.1998 in A.S.No.32 of 1997 on the file of the District Judge, Cuddalore affirming the judgment and decree dated 28.01.1997 in O.S.No.823 of 1990 on the file of the District Munsif, Cuddalore.
For Appellants : Mr.R.Sunil Kumar For Respondents : R1 – died : R2 – notice served(NA)
SA.No.1310 of 1998 N.Kadhirvelu ..Appellant/1st Defendant Vs.
1.Nagappan
2.Kalyani Ammal ..Respondents/Plaintiffs/3rd Defendant
PRAYER:
The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 02.02.1998 in A.S.No.33 of 1997 on the file of the District Judge, Cuddalore affirming the judgment and decree dated 28.01.1997 in O.S.No.830 of 1990 on the file of the District Munsif, Cuddalore.
For Appellant : Mr.R.Sunil Kumar For Respondents For R1 : Mr.Nilopher for M/s.R.Meenal : R2 – dismissed
COMMON ORDER:
These second appeals are directed as against the against the judgment and decree dated 02.02.1998 in A.S.No.32 of 1997 on the file of the District Judge, Cuddalore affirming the judgment and decree dated 28.01.1997 in O.S.No.823 of 1990 on the file of the District Munsif, Cuddalore and against the judgment and decree dated 02.02.1998 in A.S.No.33 of 1997 on the file of the District Judge, Cuddalore affirming the judgment and decree dated 28.01.1997 in O.S.No.830 of 1990 on the file of the District Munsif, Cuddalore.
3.It is seen that the second appeals are pending from the year 1998. Even then, the appellants did not take any step to implead the legal heirs of the first respondent, which shows that they are not interested in proceeding with the second appeals.
Sd/-
Assistant Registrar(CS-VI)
Sub Assistant Registrar
lok
To
SA.Nos.1137 & 1310 of 1998 and
CMP.Nos.11150 & 12705 of 1998
VG-II(CO)
CSR:m 11.02.2020
N.Kadhirvelu and others
Nagappan and Kalyani Ammal
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
