In this second appeal, the appellant's counsel stated that the sole appellant died and legal representatives could not be impleaded in the appeal. The court, recording this submission, dismissed the second appeal as abated without costs.
Second appeal dismissed as abated. No costs.
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.
S.A.(MD)No.253 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.A.(MD)No.253 of 2005
Family Manager N K Shanmuga Sundaram, S/o. C.M. Kandasami Pillai,
Andavar Street, Kattuputhur Village, Musiri Taluk.
... Appellant
-vs-
PRAYER : Second Appeal filed under Section 100 of C.P.C, against the judgment and decree dated 23.12.2003 passed in A.S.No.224 of 2003 on the file of the Principal District Judge, Tiruchirappalli confirming the judgment and decree dated 03.03.2003 passed in O.S.No.30 of 1994 on the file of the learned District Munsif, Musiri.
For Appellant : Mr.T.M.Hariharan For Respondents : Mr.B.Gopal For Mr.R.Udayakumar
JUDGMENT
The learned counsel for the appellant had filed a memo on 08.02.2021 to record the death of the sole appellant/ Family Manager N.K.Shanmuga Sundaram on 13.01.2016 and seeks three weeks time for taking steps to implead the legal representatives of the deceased sole appellant.
3.Recording the above submission, this Second Appeal is dismissed as abated. No costs.
Assistant Registrar (CS III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ebsi
1/2
S.A.(MD)No.253 of 2005
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
S.A(MD)No.253 of 2005 10.11.2021
MGJ/NS(24.11.2021) 2P 3C
2/2
1 issue framed by the court
Whether the second appeal could be heard and disposed of when the sole appellant had died?
1 provisions across 1 enactments
Family Manager N K Shanmuga Sundaram
N.K.Murugesan
Pazhamudhir Selva Kandiah
Saraswathi Ammal
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
