The High Court dismissed a second appeal as abated, as the sole respondent had died in 2013 without any legal heirs being impleaded in the suit.
Second Appeal dismissed due to abatement; connected miscellaneous petitions closed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.NO.892 OF 2009 AND M.P.NOS.1 OF 2009 & 1 OF 2011
.Vs.
Mottai @ Natesa Gounder ... Respondent
PRAYER:-
Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 24.04.2009 in A.S. No.14 of 2007, on the file of Sub Court, Arni, Thiruvannamalai District confirming the decree and judgment dated 22.12.2006, in O.S. No.285 of 2005, on the file of the District Munsif Court, Polur, Thiruvannamalai District.
For Appellants : Ms.C.Uma
For Respondent : Mr.A.R.Suresh
JUDGMENT
A Perusal of the records shows that the sole respondent died in the year 2013 and till date no steps have been taken to implead the legal heirs of the deceased sole respondent.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
ham/mtl
To
+1cc to Mr.A.R.Suresh, Advocate, S.R.No.48475 +1cc to Ms.C.Uma, Advocate, S.R.No.48866
S.A.NO.892 OF 2009 AND M.P.NOS.1 OF 2009 & 1 OF 2011
AD(CO) PBS/25/10/2021
1 issue framed by the court
Whether the second appeal stands dismissed as abated due to the death of the sole respondent without impleading legal heirs.
Perumal
Natarajan
Mottai @ Natesa Gounder
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
