A.Thiappan v. Athiappa Gounder
Case brief
What is this about?
This court dismissed a second appeal as abated. The sole appellant and first respondent had died without their legal heirs being impleaded in the appeal proceedings.
What did the court decide?
No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R. HEMALATHA
K.Athiappan ... Appellant
Vs.
1.Athiappa Gounder
2.K.Perumal ...Respondents
Prayer: Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 24.04.2009 in A.S. No.116 of 2008 on the file of Subordinate Court, Rasipuram, reversing the decree and judgment dated 25.04.2006 in O.S. No.55 of 2002, on the file of District Munsif Court, Rasipuram.
For Appellant : No appearance For Respondents : No appearance
JUDGMENT
When the matter is taken up for hearing there is no representation for the appellant. A perusal of the records shows that the sole appellant and first respondent died long back and till date no steps have been taken to implead the legal heirs of the deceased sole appellant and first respondent.
Issues for consideration
1 issue framed by the court
Whether the second appeal can be proceeded with when the sole appellant has died and legal heirs have not been impleaded.
Parties & counsel
- appellant
K. Athiappan
- respondent
1. Atheppa Gounder and 2. K. Perumal
Coram
R. Hemalatha
Case details
As recorded by the court registry
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