This court dismissed the second appeal and cross objection petition as abated, holding that the legal heirs of the deceased parties failed to implead themselves, indicating no interest in proceeding with the appeals.
No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2020
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
SA.No.1320 of 1999 and Cros.Obj.No.149 of 2010 and CMP.Nos.12193 of 2004 and 13766 of 1999
Kannan alias Veerabadhran
..Appellant/Defendant in SA
.. 1 st respondent in Cros.Obj
Vs.
1.Poongothai ... 1 st respondent
Cros.Obj/Plaintiff (in SA)(in Cros.Obj)
2.Kannammal
3.Venunatha Goundar
4.Narayanasamy Gounder
5.Kuppusamy Gounder
6.Ranganatha Kounder
7.Subramania Gounder
8.Pandurangan
9.Muthammal
... Respondents 2 to 9/Defendants 2 to 9(in SA)
... Respondents 2 to 9 (in Cross Objection)
PRAYER:
The Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 30.03.1999 in A.S.No.88 of 1996 on the file of the Additional District Judge, Villupuram modifying the judgment and decree dated 29.06.1996 in O.S.No.1126 of 1988 on the file of the Additional District Munsif, Villupuram.
For Appellant : Mr.V.Raghavachari for appellant(in SA) and for R1 (in Cros.Objection)
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For Respondents R1 : Mr.T.Dhanyakumar (in SA) and
for Cros Objection (in Cros.Objection)
: R2 to 7, 9 – notice served-No Appearance : R8 - exparte
JUDGMENT
The second appeal is directed as against the judgment and decree dated 30.03.1999 in A.S.No.88 of 1996 on the file of the Additional District Judge, Villupuram modifying the judgment and decree dated 29.06.1996 in O.S.No.1126 of 1988 on the file of the Additional District Munsif, Villupuram.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
2/4
lok
To
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2 issues framed by the court
Whether the second appeal can be proceeded with when the sole appellant has died and his legal heirs have not been impleaded.
Whether the cross objection petition can be proceeded with when the sole objector has died and his legal heirs have not been impleaded.
Kannan alias Veerabadhran
Poongothai
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
