Single judge dismissed the second appeal under Section 100 CPC abating the proceedings as the sole respondent had died and no legal heir was brought on record by the appellant.
Second appeal dismissed as abated; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2020 CORAM: THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN S.A.No.1486 of 2002 and CMP.No.12830 of 2002
The Special Tahsildar, Land Acquisition Officer, Tirupattur, Vellore District.
Prayer: Second Appeal filed under Section 100 of C.P.C., against judgment and decree dated 09.02.2000 made in L.A.A.16/96 on the file of the Sub Court, Tirupattur modifying the award dated 21.03.1996 made in award No.20/95-96 by the Special Tahsildar (ADW), Tirupattur.
The learned counsel appearing for the appellant submits that the sole respondent died long back. Even till date the appellant did not take any steps to bring the legal heir of the deceased respondent. It shows that the appellant has no interest to proceed further in this matter.
AT
To
copy to The Section Officer VR Section High Court Madras
S.A.No.1486 of 2002
and
CMP.No.12830 of 2002
rr(co)
aa20/02/2020
1 issue framed by the court
Whether the second appeal should be heard despite the death of the sole respondent without any legal heir being brought on record?
Appellant
Special Tahsildar, Land Acquisition Officer, Tirupattur
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
