, the Second Appeal was dismissed as abated in the absence of instructions from the appellant, following the death of the first appellant without identifiable legal representation.
The Second Appeal was dismissed as abated.
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 : 08.10.2021
CORAM
THE HON'BLE MS. JUSTICE R.N.MANJULA
S.A. NO.1135 OF 2009 AND MP.NOS.1 &2 OF 2009
1.S.Anbarasan 2.N.Vaithiyanathan
... Appellants
.Vs.
Arulmigu Bava Owshatheeswara Swamy, Thirukkoil Devasthanam Rep. By Executive Officer, Sannathi Street, Thiruthuraipoondi. ... Respondent
PRAYER :
This Second Appeal filed under Section 100 C.P.C., against the judgement and decree passed in A.S.No.29/2008 dated 03.12.2008 on the file of the Sub Court, Mannargudi reversing the judgment and Decree passed in O.S.No.15/2005 dated 30.11.2007 on the file of the District Munsif Court, Thriuthuraipoondi.
For Appellants : Ms.A.Ilango For Respondent : No appearance
JUDGEMENT
(Heard through video conferencing)
This Second Appeal is filed to set aside the judgement and decree of the learned Sub Judge, Mannargudi passed in A.S.No. 29/2008 dated 03.12.2008, reversing the judgement and Decree passed in O.S.No.15/2005 dated 30.11.2007 on the file of the District Munsif Court, Thriuthuraipoondi.
submitted that the Decree has been passed abated as against the 1st appellant.
In view of the same, the Second Appeal itself seems to have got abated and consequently this appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petitions if any are also closed.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
jrs
To
S.A. No.1135 of 2009 and MP.Nos.1 &2 of 2009
JPII(CO) PM/30/11/2021
1 issue framed by the court
Whether the second appeal has abated due to the death of the first appellant and lack of instructions.
1.S.Anbarasan
N.Vaithiyanathan
Arulmigu Bava Owshatheeswara Swamy, Thirukkoil Devasthanam
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
