The High Court dismissed a second appeal as it had abated due to the death of the appellant. The court noted that the appeal could be set aside if legal representatives were brought on record, subject to the respondent challenging the delay.
The second appeal is dismissed as abated due to the death of the appellant.
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: 18.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
S.A.No.1050 of 2009
M.A.P.Rahmathullah
... Appellant/1st Respondent/1st Defendant
versus
1.Sri Sabanayagr Uchakala Kattalai Trust, represented by Anbathanathapuram Charity Vagaiyara Trust, represented by its President ... Respondent/Respondent/Plaintiff
2.Marconi
... Respondent/2nd Respondent/2nd Defendant
Second Appeal filed against the judgment and decree dated 12.12.2005 in A.S.No.151 of 2005 on the file of the Principal Sub Judge, Mayiladuthurai, confirming the judgment and decree dated 1.3.2005 passed in O.S.No.93 of 2004 on the file of the Principal District Munsif Court, Mayiladuthurai.
For Appellant : Mr.Ashok Kumar
For Respondents : Mr.S.Sounthar, for the first respondent
Second respondent, given up
JUDGMENT
Mr.Ashok Kumar, on the last occasion had undertaken to file vakalat, since both the counsels on record are no more. However, he has now come to learn that the appellant is also no more since the letter addressed to the appellant has been returned with the endorsement “deceased”. Learned counsel stated that the death of the appellant must be over 90 days.
steps to set aside the abatement and bring on record the legal representatives, subject to the respondent questioning the delay.
Sd/-
Assistant Registrar(CS-VI)
//True copy//
Sub Assistant Registrar
mrn
To
Copy To
The Section Officer, VR Section, High Court, Madras.
S.A.No.1050 of 2009
SRA(CO) RLP(16/07/2021)
3 issues framed by the court
Whether the second appeal which stands abated due to the death of the appellant can be reinstated.
Whether the appeal should be dismissed as it has abated.
What instructions to give regarding setting aside abatement and replacing legal representatives.
M.A. Prabhathullah
Sabanayagr Uchakala Kattalai Trust
Marconi
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
