Shanmugam v. M.Murthi
Case brief
What is this about?
This second appeal was dismissed as abated. The Court observed that the sole respondent died in 2018 and the appellants failed to file the necessary application to bring his legal representatives on record despite an opportunity to do so.
What did the court decide?
The Second Appeal was dismissed as abated; no costs awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.711 of 2008
1.Shanmugam
2.Uma ... Appellants
M.Murthi ... Respondent
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgement and Decree dated 15.02.2007 and made in A.S.No.30 of 2005 on the file of the District Judge, Vellore, confirming the Judgement and Decree dated 30.10.2003 and made in O.S.No.990 of 1994 on the file of the Additional District Munsif, Vellore.
On the last occasion, the learned counsel for the appellants had informed this Court that they had filed an application in C.M.P.Sr.No.128206 of 2018 on 16.11.2018 to bring on record the legal representatives of the sole respondent but has unable to trace out the same and requested time to number the same. To date, no steps have been taken. Considering the fact that the sole respondent has died as early as in the year 2018 and no steps have been taken for over 2 ½ years the Second Appeal is dismissed as abated. No costs.
Issues for consideration
1 issue framed by the court
What is the disposal of the second appeal filed by the appellants against the decree?
Parties & counsel
- appellant
Shanmugam
- appellant
Uma
- respondent
M.Murthi
Coram
Case details
As recorded by the court registry
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