Dismissed

Mrs Illaveni v. Kasiammal

Madras HC22 Mar 2021SA/984/2009

Case brief

AI extract

What is this about?

This is a Second Appeal where the appellants, as representatives of deceased original parties, admitted failure to implead the respondents' legal representatives. The Court dismissed the appeal as abated due to lack of necessary parties.

What did the court decide?

The second appeal is dismissed as abated; no costs awarded; connected miscellaneous petition closed; Appellants directed to file a memo on the facts.

Mrs Illaveni Vs Kasiammal — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.03.2021

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CORAM THE HONOURABLE MR. JUSTIC E T. RAVINDRAN S.A.No. 984 of 2009 and M.P. No.1 of 2009

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1.Ilaveni W/o. Ravanan 2. Ravanan ... Appellants/Defendants Vs.

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Kasiammal, W/o. Sundaram Vanniar 2. Sundara Vanniar, S/o. Ambalasamy Vanniar ... Respondents/Plaintiffs

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Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree made in A.S.No.53 of 2008 on the file of the Subordinate Judge, Mannargudi dated 15.04.2009 reversing the well considered Judgment and decree made in O.S. No.69 of 2006 on the file of the District Munsif, Mannargudi dated 20.10.2008.

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For Appellants : Mr. K.A. Ravindran

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For Respondents: Mrs. P.T. Ramadevi

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JUDGMENT

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Both counsel present.

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It is represented by the appellants' counsel that both the respondents had died long back and the appellants are not ready to implead the legal representatives of the deceased respondents on record and proceed further in this matter as per law and accordingly, prays that the appeal may be dismissed as abated and undertakes to file a memo to that effect.

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In the light of the abovesaid factors, inasmuch as no steps have been taken to implead the legal representatives of the deceased respondents by bringing them on record and proceed with the appeal further in accordance with law, there is no purpose in keeping the appeal further pending.

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https://hcservices.ecourts.gov.in/hcservices/

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In such view of the matter, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. The counsel for the appellants is directed to file a memo in the Registry with reference to the abovesaid facts immediately.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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bga To 1. The Subordinate Court, Mannargudi. 2. The District Munsif Court, Mannargudi. 3. The Section Officer, VR Section, High Court, Madras. S.A.No. 984 of 2009 ssn[co] srg 23/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

Mrs Illaveni v. Kasiammal

Case brief

What is this about?

What did the court decide?

Mrs Illaveni v. Kasiammal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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