The Madurai Bench of the Madras High Court dismissed a second appeal under Section 100 CPC because the second respondent was deceased and the decree was indivisible, making the absence of the legal heirs fatal to proceeding. No costs awarded.
Second Appeal dismissed. No costs.
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S.A.(MD)No.157 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
S.A.(MD)No.157 of 2015
P.Saravanan Appellant Vs. 1.Merlin Lidiya Rose 2.Periyasamy 3.N.Shanthi 4.N.Premalatha 5.S.Rakesh Guru 6.S.Samuthrakani 7.S.Jeyaguru 8.Krishnammal 9.Subramaniya Thevar 10.The District Collector Collectorate Complex, Virudhunagar Collectorate, Virudhunagar. 11.The District Revenue Officer, Collectorate Complex, Virudhunagar Collectorate, Virudhunagar. 12.The Revenue Divisional Officer, Reserve Line, Sivakasi West, Sivakasi Taluk, Virudhunagar District. Respondents PRAYER:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 28.02.2014, passed in the appeal in A.S.No.18 of 2012, on the file of the Subordinate Judge, Sivakasi, confirming the judgment and decree dated 19.11.2010, passed in the suit in O.S.No.160 of 2006, on the file of the District Munsif, Sivakasi.
For Appellant : Mr.J.Barathan For R1 : Mr.M.P.Senthil For R3,R4 & R6 : Mr. D.Venkatesh For R10 to R12 : Mr.V.R.Shanmuganathan
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S.A.(MD)No.157 of 2015
J U D G M E N T
It is stated that the second respondent is no more and the learned counsel would submit that the appellant has not responded to his letters to enable him to take steps to implead the legal heirs.
2.The decree is indivisible. The appeal cannot be proceeded with the absence of the legal heirs of the deceased second respondent. Hence, the Second Appeal is dismissed. No costs.
Sd/-
Assistant Registrar (T&P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vrn
To
1.The Subordinate Court, Sivakasi
2.The District Munsif, Sivakasi.
3.The Section Officer, Madurai Bench of Madras High Court, Madurai.
Judgment made in S.A.(MD)No.157 of 2015 Dated 11.03.2021
GS (07.05.2021) 2P 4C
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1 issue framed by the court
Whether a second appeal can proceed with the absence of the legal heirs of a deceased respondent when the decree is indivisible.
1 provisions across 1 enactments
P.Saravanan
Merlin Lidiya Rose
Periyasamy
N.Shanthi
N.Premalatha
S.Rakesh Guru
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
