An appeal filed under Section 96 of the CPC was dismissed as abated after the sole appellant died, with legal heirs failing to be impleaded within the statutory period of 30 days.
The appeal suit is dismissed as abated. Connected civil miscellaneous petitions are also dismissed.
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: 08.02.2022
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
A.S.No.908 of 2010 and C.M.P.Nos.4949 & 9621 of 2016
Kousalya @ Krishnaveni .. Appellant Vs.
1.Santhi W/o.Paranthaman
2.Selvi W/o.Karthik Babu
4.Shanmugasamy S/o.Palanisamy Chettiar
7.Sarasu W/o.Dhandapani Chettiar
10.Palanivelu S/o.Shanmugasamy
11.Kumaravel S/o.Shanmugasamy
12.Rajavel S/o.Shanmugasamy
13.Meenakshi W/o.Palanivel
14.Shanthi W/o.Rajavel
15.Chandrasekaran S/o.Pavadai Chettiar
16.Mallika @ Soodamani W/o.Shanmugasamy .. Respondents
PRAYER: Appeal Suit is filed under Section 96 of C.P.C against the judgment and decree made in O.S.No.44 of 2004 on the file of the Principal District Court, Villupuram, dated 13.09.2010.
For Appellant : Mr.V.Raghavachari For R2 and R7 : Ex parte For R3 : Steps not taken For R4, R8 to R16: Mr. N.Natarajan For R5 : No appearance For R6 : Mr.V.G.Suresh Kumar
JUDGMENT
On 30.11.2021, when the matter was taken up for final disposal, the learned counsel for the appellant reported to this Court that the sole appellant died on 09.05.2021 and sought for time to implead the legal heirs of the sole deceased appellant. Hence this Court adjourned the matter to 23.12.2021, 12.01.2021 and 08.02.2022 (Today).
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rpl
To
The Principal District Judge, Villupuram.
A.S.No.908 of 2010 and C.M.P.Nos.4949 & 9621 of 2016
AK-II(CO) SB(24/02/2022)
1 issue framed by the court
Whether the appeal abates due to the death of the appellant without impleading legal heirs.
1 provisions across 1 enactments
Kousalya @ Krishnaveni
1.Santhi W/o.Paranthaman
2.Selvi W/o.Karthik Babu
3.Rajasekaran S/o.Palanisamy Chettiar
4.Shanmugasamy S/o.Palanisamy Chettiar
5.Anadabaskaran S/o.Palanisamy Chettiar
Dr. Justice G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
