Palaniappan v. Karuppannan
Case brief
What is this about?
The High Court dismissed the second appeal as abated pursuant to the death of the sole respondent without the impleadment of legal heirs. The connected miscellaneous petition was also closed.
What did the court decide?
The second appeal and connected miscellaneous petition were dismissed/closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.10.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.NO.887 OF 2009 AND M.P.NO.2 OF 2009
- Palaniappan 2. Janakiammal ... Appellants
Vs. Karuppannan ... Respondent
Prayer:
Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 10.10.2008 in A.S.No.3 of 2004, on the file of the Additional District and Sessions Court, Fast Track Court No.III, Dharapuram reversing the decree and judgment dated 04.12.2003 in O.S.No.363 of 2001, on the file of the District Munsif Court, Dharapuram.
For Appellant : Mr.A.K.Sridhar For Respondent : No appearance
JUDGMENT
A Perusal of the records shows that the sole respondent died even in the year 2011 and till date no steps have been taken to implead the legal heirs of the deceased sole respondent.
Issues for consideration
1 issue framed by the court
Whether the second appeal should be dismissed as abated due to the death of the respondent without impleading legal heirs.
Parties & counsel
- appellant
Palaniappan
- appellant
Janakiammal
- respondent
Karuppannan
Coram
Case details
As recorded by the court registry
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