The High Court dismissed the Second Appeal as abated. The court held that two respondents (Petitioner and R5 in the connected suit) died in 2019 without legal heirs being impleaded, and since they were main contesting parties, the appeal could not proceed.
The Second Appeal is dismissed as abated. No costs. The connected Miscellaneous Petition is 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 : 08.10.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.NO.768 OF 2006 AND M.P.NO.1OF 2006
Palaniappan ... Appellant/ 4th Defendant
.Vs.
... 2 to 6 Respondents/ Defendants 1 to 3,5 to 6
Prayer:
Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 10.10.2005 in A.S.No.136 of 2003, on the file of the Subordinate Court, Kallakurichi, reversing the decree and judgment dated 13.10.2003 in O.S.No.151 of 1995, on the file of the Principal District Munsif Court, Kallakurichi.
For Appellant :Ms.T.R.Gayathri
for M/s.Sarvabhauman Associates
For R2 to R4 :Dr.S.Suriya
Government Advocate
R5 : ex-parte
R-6 :No Representation
JUDGMENT
The respondents 1 and 5 died in the year 2019 and till date no steps have been taken to implead the legal heirs of the deceased respondents 1 and 5 and it is also seen that they are the main contesting parties in the appeal.
2.In view of the above, the Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ham/mtl
To
Copy To
The Section Officer, VR Section, High Court, Madras.
+1cc to M/s.Sarvabhauman Associate, S.R.No.53067
+1cc to the Government Pleader, SR.NO.53410
S.A.No.768 of 2006
and M.P.No.1 of 2006
CP(CO) PM/01/11/2021
Palaniappan
Chellamuthu
The State of Tamil Nadu Represented by the Collector, Villupuram District, Villupuram
The Revenue Divisional Officer, Kallakurichi
The Tahsildar, Kallakurichi
Ramasamy
E.R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
