The Second Appeal was dismissed as abated because the appellant and the first respondent had died, and their legal heirs had not been brought on record despite representation.
Second Appeal dismissed as abated. Connected Miscellaneous Petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.560 of 2007 and M.P.No.1 of 2007
Perumal ... Appellant/Appellant/Plaintiff
Vs.
1.Kuttiappan
2.Kuppusamy
3.Arumugham
4.Madhan
5.Selvaraj
6.Natarajan ... Respondents/Respondents/Defendants
PRAYER: Second Appeal filed under Section 100 of the Code of
Civil Procedure against the Judgment and Decree in A.S.No.34 of
2004 on the file of the learned Subordinate Judge, Bhavani,
Erode, dated 31.01.2007 in confirming the Judgment and Decree in
O.S.No.112 of 2000 on the file of the learned I Additional
District Munsif, Bhavani, Erode dated 26.02.2002
For Appellant : Mr.V.Raghavachari For Respondents: Mr.N.Manokaran for R1, R2, R4 and R6
JUDGMENT
It is brought to the notice of this Court that the 1st respondent has expired long back and the sole appellant had also died. Till date steps had not been taken to bring on record the legal heirs of the deceased.
2.Though a representation was made as early as on 26.03.2019 that the appellant and the 1st respondent died, steps have not been taken till date.
Considering the fact that the legal representatives of the
1
sole appellant has not been brought on record, this Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mps
To
1.The Subordinate Judge,
Bhavani,Erode.
2.The I Additional District Munsif,Bhavani.
3.The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.V.Raghavachari, Advocate, Sr.No.18895.
+1cc to Mr.N.Manokaran, Advocate, Sr.No.18576.
S.A.No.560 of 2007
and M.P.No.1 of 2007
RJI(CO)
klt(21/05/2020)
2
1 issue framed by the court
Whether a Second Appeal filed by a deceased appellant can be decided without bringing legal heirs on record.
1 provisions across 1 enactments
Perumal
Kuttiappan
Kuppusamy
Arumugham
Madhan
Selvaraj
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
