The High Court of Judicature at Madras dismissed the appeal suit as abated since the sole appellant was deceased and no steps were taken to implead his legal heirs. Connected civil miscellaneous petitions were also 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.
A.S.No.664 of 2009 and C.M.P.Nos.661 & 1743 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2022
CORAM: THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
A.S.No.664 of 2009
and C.M.P.Nos.661 & 1743 of 2017
S.Mohammad Yaccob .. Appellant/1st Defendant
1.Mohammad Abbas [Deceased] .. Respondent/Plaintiff 2.Ms.Mahmoodha Beevi 3.Ms.Shanaz Begum 4.Ms.Shanin Begum 5.Ms.Safra Bi Begum 6.Mr.Mohammed Idris 9.Mr.Mohammad Inayadyllah 10.Mr.Mohammad Arifulla 11.Mrs.A.Gulay Afroze 12.A.Mohamed Ismail 13.A.Zakir Hussain 14.A.Mohamed Ali Hussain [Deceased] RR11 to RR14 brought on record as LRs of the deceased R1 vide order of this Court dated 08.12.2016 made in M.P.No.1/2013 in A.S.No.664/2009 .. Respondents
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PRAYER:
A.S.No.664 of 2009 and C.M.P.Nos.661 & 1743 of 2017
PRAYER: Appeal Suit is filed under Section 96 of C.P.C, against the judgment and decree dated 19.09.2008 rendered in O.S.No.3491 of 2006 on the file of the Additional District Judge, Fast Track Court No.V, Chennai.
For Appellant : Mr.T.S.Baskaran For R11 to R13 : Mr.K.M.M.Asan Ali Khan
J U D G M E N T
The learned counsel for the appellant reports no instructions.
Steps not taken to bring the legal heirs of the deceased sole appellant, who is no more. Hence the Appeal Suit is dismissed as abated. Consequently, the connected Civil Miscellaneous Petitions are also closed. No costs.
23.02.2022
Index : Yes/No Internet : Yes/No rpl To
The Additional District Judge, Fast Track Court No.V, Chennai.
DR.G.JAYACHANDRAN,J.
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A.S.No.664 of 2009 and C.M.P.Nos.661 & 1743 of 2017
rpl
A.S.No.664 of 2009 and C.M.P.Nos.661 & 1743 of 2017
23.02.2022
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1 issue framed by the court
Whether an appeal suit filed under Section 96 of C.P.C abates due to the death of the sole appellant with no steps taken to bring legal heirs on record.
S.Mohammad Yaccob
Ms.Mahmoodha Beevi
Ms.Shanaz Begum
Ms.Shanin Begum
Ms.Safra Bi Begum
Mr.Mohammed Idris
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
