In this second appeal, the court held that the appeal could not proceed as the legal heirs of the respondent, who had died in 2013, were not brought on record. Consequently, the appeal was dismissed as abated and connected miscellaneous petitions were closed.
The Second Appeal is dismissed as abated. No order as to costs. Connected Miscellaneous Petitions are closed.
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: 13.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.590 of 2012 and M.P.Nos.1 and 2 of 2012
Vs.
Jagath Prabhu ...Respondent/Plaintiff
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 29.02.2012 made in A.S.No.3 of 2011 on the file of the Additional District and Sessions Court (Fast Track Court), Vellore, Vellore District, confirming the judgment and decree dated 05.12.2008 made in O.S.No.73 of 2006 on the file of the Subordinate Court, Gudiyatham, Vellore District.
For Appellants : Mr.T.Dhanyakumar
For Respondent : Mr.V.M.G.Ramakannan
The present Second Appeal has been filed against the judgment and decree dated 29.02.2012 made in A.S.No.3 of 2011 on the file of the Additional District and Sessions Court (Fast Track Court), Vellore, Vellore District, confirming the judgment and decree dated 05.12.2008 made in O.S.No.73 of 2006 on the file of the Subordinate Court, Gudiyatham, Vellore District.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
asi
To
S.A.No.590 of 2012 and M.P.Nos.1 and 2 of 2012
KV(CO) NSK(03/09/2021)
1 issue framed by the court
Whether the second appeal abates as the legal heirs of the deceased respondent were not brought on record.
1 provisions across 1 enactments
Dhanakotti
C.Subramani
C.Dakshnamoorthy
Jagath Prabhu
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
