Dismissed
Subramanian v. Jayam
Madras HCCMA(MD)/1631/2010
Case brief
from the order text
What is this about?
BEFORE THE MADURAI BENCH OF MADRAS HIGH…
What the court decided
AI extract
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C.M.A(MD)No.1631 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.1631 of 2010 and M.P(MD)No.3 of 2010
Subramanian : Appellant/ 2nd respondent
Vs.
1.Tmt.Jayam
2.Minor.Prabu
3.Minor.Sathiya
4.Minor.Saranya
5.Minor.Shalini
(Respondent Petitioners 2 to 5 represented by their mother and guardian 1st respondent)
6.Chinnammal : Respondents 1to6/Petitioner 1to6 7.M.Sundarrasu : 7th Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, to call for the records relating to the Award dated 13.04.2009 made in M.C.O.P.No.134/2001 on the file of the Additional District Judge, Fast Track Court, Pudukottai and set aside the same.
JUDGMENT
Even though the death of the sole appellant was reported to this Court on 03.12.2018, but, so far, no steps have been taken to bring the Legal Heirs to pursue the appeal and hence, the Civil https://hcservices.ecourts.gov.in/hcservices/
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C.M.A(MD)No.1631 of 2010
Miscellaneous Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
am
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
Copy to The Section Officer V.R. Section, Madurai Bench of Madras High Court, Madurai. 2 Copies
C.M.A(MD)No.1631 of 2010
09.04.2021
CN(07.05.2021) 2P 4C
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2 issues framed by the court
Whether a civil miscellaneous appeal filed under the Motor Vehicles Act can be proceeded with after the death of the appellant.
How to handle a pending appeal when the sole appellant has died and no legal heir has been brought on record.
Subramanian
Tmt. Jayam
Prabu
Sathiya
Saranya
Shalini
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court