In this second appeal against a decree and judgment in a property dispute, the High Court dismissed the appeal abated. The sole appellant died and, as his legal heirs failed to appear or be listed, the court ruled the suit abated.
The Second Appeal is dismissed as abated. No costs.
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 : 27.10.2021
CORAM
THE HONOURABLE MRS. JUSTIC E R.HEMALATHA
S.A.No.804 of 2008
Samidurai
...Appellant/Plaintiff
Vs.
(Respondents 3 to 5 brought on record as legal heirs of the deceased R1 Viz., Kuppusamy vide order of Court dated 03.01.2020 made in
M.P.No.1 of 2014 in S.A.No.804/2008 (VPNJ))
...Respondents/Defendants
Prayer : Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 02.01.2008 in A.S. No.62 of 2006, on the file of the Additional Subordinate Court, Mayiladuthurai, reversing the decree and judgment dated 28.02.2006 in O.S. No.527 of 2004, on the file of the Principal District Munsif Court, Mayiladuthurai.
For Appellant : Mr.A.Muthukumar
For Respondents : M/s.H.Kavitha for Mr.S.Sounthar
JUDGMENT
The learned counsel for the appellant contended that the sole appellant died and that since the legal heirs of the deceased sole appellant did not approach him, he is unable to take steps to bring on record the legal heirs of the deceased sole appellant.
2.In view of the above, the Second Appeal is dismissed as abated. No costs.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
ham/bga
To
S.A.No.804 of 2008
1 issue framed by the court
Whether the sole appellant can file an appeal when he has died without legal heirs being brought on record.
Samidurai
Kuppusamy (Died)
Sankar
Parvathi
Vinoth
Sathiya
E R HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
