The High Court of Judicature at Madras dismissed a second appeal abated due to the death of all appellants without legal heirs impleading themselves. The court stated that legal heirs could file a separate petition to set aside the abatement.
The second appeal was dismissed as abated. No costs awarded.
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 : 23.01.2020
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
S.A.No.163 of 1998
1.A.Muthusamy 2.M.Pappathiammal 3.A.Perumal ..Appellants Vs. 1.K.Chinnappan 2.C.Muthulingam 3.C.Sundarrajan 4.C.Gnanachandran 5.Nagalakshmi 6.Jayalakshmi 7.Baby 8.V.Bupathi 9.V.Sivanandam 10.A.Marimuthu 11.A.Arumugham 12.Jothilingam 13.Sivalingam 14.Chandra 15.Saraswathi 16.Seethalakshmi 17.Gomathi 18.Kaveri 19.Chitra 20.Lakshmi ..Respondents
(Respondents 10 to 20 herein remained ex-parte
in the A.S. Hence, they are given up in this S.A.)
PRAYER: The Second Appeal is filed under Section 100 of CPC against the judgement and decree dated 25.09.1997 made in A.S.No.58 of 1997 and the Cross Objection, on the file of the Additional Sub Judge, Salem, reversing the Judgement and Decree dated 09.01.1995 made in O.S.No.1287 of 1987 on the file of the Court of the Principal District Munsif at Salem.
1
For Appellants : Mr.T.M.Naveen
for M/s.D.Kamatchi For Respondents For R2 to R4 : Mr.P.Jagadesan For R10 to R20 : Given up For R1 : Died For R5 to R7 : Notice Served-No appearance For R8 & R9 : Not ready in notice
J U D G M E N T
The second appeal is directed as against the judgment and decree dated 25.09.1997 made in A.S.No.58 of 1997 and the Cross Objection, on the file of the Additional Sub Judge, Salem, reversing the Judgement and Decree dated 09.01.1995 made in O.S.No.1287 of 1987 on the file of the Court of the Principal District Munsif at Salem.
S.A.No.163 of 1998 VD(CO) CB(02/03/2020)
2
1 issue framed by the court
Whether the second appeal abated upon the death of all appellants without legal heirs impleading themselves.
1.A.Muthusamy
2.M.Pappathiammal
3.A.Perumal
1.K.Chinnappan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
