The court dismissed two second appeals for non-prosecution. Counsel for appellants submitted that respondents were deceased and legal representatives had not been recorded. The court held the appeals abated due to lack of substantive steps.
Both Second Appeals dismissed for non-prosecution. No costs awarded.
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: 02.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
S.A. Nos.1270 and 1271 of 2007 and M.P. No.1 of 2007
1. R. Sengodan 2. Kamalasekaran ... Appellants in S.A. No.1270 of 2007 R. Sengodan ... Appellant in S.A. No.1271 of 2007 Versus 1. K.C. Periasamy 2. Kulandaivelu ... Respondents in S.A. No.1270 of 2007 1. Kolandaivelu 2. M.Chinnasamy ... Respondents in S.A. No.1271 of 2007
Prayer in S.A. No.1270 of 2007 : Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree of the learned Subordinate Judge, Namakkal in A.S. No.149 of 2002, dated 27.09.2006 reversing the judgment and decree of the learned District Munsif at Tiruchengode in O.S. No.379 of 1991 , dated 28.06.1999.
Prayer in S.A. No.1271 of 2007 : Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree of the learned Subordinate Judge, Namakkal in A.S. No.150 of 2002, dated 27.09.2006 reversing the judgment and decree of the learned District Munsif of Tiruchengode in O.S. No.243 of 1991, dated 28.06.1999.
For Appellants in both appeals: Mr.S.Kaithamalai Kumaran
For R1 in SA No.1270 of 2007 : Died For R2 in S.A. No.1270 of 2007: No appearance For R1 in SA No.1271 of 2007 : No appearance For R2 in SA No.1271 of 2007 : Died
COMMON JUDGMENT
(Heard Video Conference)
The learned counsel for the appellant(s) submits that the contesting respondents in both Second Appeals are dead and these appeals may be dismissed as abated.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Vsi2
To
S.A. Nos.1270 and 1271 of 2007
RSV(CO)
GN(23/07/2021)
1 issue framed by the court
Whether the second appeals stand dismissed as the respondents have died and their legal representatives have not been brought on record.
1 provisions across 1 enactments
R. Sengodan
Kamalasekaran
K.C. Periasamy
Kulandaivelu
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
