The High Court of Madras dismissed the second appeal as abated. The court noted that all respondents had died without their legal representatives being brought on record, necessitating the closure of the connected miscellaneous petition.
Second Appeal dismissed as abated; connected Miscellaneous Petition 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: 21.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
S.A.No.94 of 2009 and M.P.1 of 2009
A.M. Kolandaivelu
...Appellant
versus
...Respondents
Second Appeal filed against the judgment and decree passed in A.S.No.70 of 2006 dated 23.09.2008 on the file of Sub Court, Bhavani, Erode District confirming the judgment and decree of the trial court in decreeing the counter claim in O.S.No.69 of 2005 dated 06.02.2006 on the file of the I Additional District Munsif Court, Bhavani, Erode District.
For Appellant : Mr. S. Saravanan For Respondents : R1 to R3 - Died
JUDGMENT
The records would show that the third respondent has passed away on 28.01.2018 and the second respondent on 04.04.2014. Likewise the first respondent has also passed away. However, no steps have been taken to date to bring on record the legal representatives of the deceased respondents.
-s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
mrn
To
S.A.No.94 of 2009 and M.P.1 of 2009
RP(CO) SP(15/07/2021)
1 issue framed by the court
Whether the second appeal stands dismissed as abated due to the death of the respondents without bringing their legal representatives on record.
A.M. Kolandaivelu
N. Varadharajaperumal
Sengodagoundar
Nallagoundar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
