The High Court at Madras dismissed a first appeal filed under Section 96 of the Civil Procedure Code abatement on the death of the sole appellant before any legal heirs were brought on record, though the parties had reportedly settled the dispute.
Appeal dismissed as abated. 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 : 06.08.2021
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
A.S.No.354 of 2017
Padmanaban,
...Appellant/4th Defendant
Vs.
5.Devadasan, 6.P.Andal, 7.Kanchana, 8.P.Gunapal,
9.Jayaprakesh
Saraswathi (died) 10.Jeyakumar,
...Respondents 1 to 9/ Plaintiff 1 to 9
11.Kala.
...Respondents 10 & 11/ Defendants 2 & 3
PRAYER: First Appeal filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 02.01.2017 made in O.S.No.491 of 2012 on the file of the V Additional District Judge, Coimbatore.
For Petitioner : Mr.S.Mukunth
for M/s.Sarvabhauman Associates.
For Respondents : No appearance.
JUDGMENT
When the matter is taken up for hearing, it is represented by Mr.S.Mukunth, learned counsel appearing for the appellant that the sole appellant in this appeal died in the year 2020. So far, no legal heirs were brought on record. It is also represented that the dispute between the parties are amicably settled.
2.In the light of the above submission, the appeal is dismissed as abated. No costs.
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar rm
To
The V Additional District Judge, Coimbatore.
Copy to The Section Officer, VR Section, High Court, Madras.
+1cc to M/S.Sarvabhauman, Advocate, S.R.No.38743
A.S.No.354 of 2017
AK-II[co] NSK 07/09/2021
1 provisions across 1 enactments
Padmanaban
Saraswathi
Jeyakumar
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
