The Court dismissed the second appeal as abated since the appellants and respondent were deceased, no steps were taken for them, and addresses were unknown, leaving nothing to survive.
Second Appeal dismissed as abated. No costs. Connected miscellaneous petition 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 : 30.03.2021
CORAM
THE HONOURABLE MR. JUSTIC E T. RAVINDRAN
S.A.No. 754 of 2009 and M.P.No.1 of 2009
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 29.02.2008 passed by the Hon'ble Additional Subordinate Judge, Salem in A.S.No.136 of 2007 confirming the decree and judgment dated 02.01.2007 passed by the Hon'ble II Additional District Munsif, Salem, in O.S.No.576 of 2005 granting a preliminary decree for partition in the suit filed by the respondent.
For Appellants : Mr. T.S.Vijaya Raghavan For Respondent : Mr. T. Sezhian
JUDGMENT
Both counsel present.
memo that the lower court counsel had also expressed his inability to reach out to the appellants 2 to 4 and accordingly prays that appropriate orders may be passed in the Second Appeal. The said memo is taken on record.
Sd/-
Assistant Registrar
/TRUE COPY/
Sub-Assistant Registrar
bga
To
1. The Additional Subordinate Judge, Salem.
2. The II Additional District Munsif, Salem.
3. The Section Officer, VR Section, High Court, Madras
+1cc to M/s.R.MEENAL, ADVOCATE, SR.NO. 20988
S.A.No. 754 of 2009
SSN(CO)
KKN 29.04.2021
1 issue framed by the court
Whether the second appeal can proceed given the death and non-service on all parties?
1 provisions across 1 enactments
Govindaswamy Gounder S/o. Late Arunachalam
Elumalai S/o. Govindaswamy Gounder
Kumar S/o. Govindaswamy Gounder
Sakthivel S/o. Govindaswamy Gounder
Sundarammal W/o. P. Kannan
E T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
