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Kannammal, Vs Tahsildar — Madras HC (2022) — LawSathi Research

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Madras HC
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Kannammal, Vs TahsildarKannammal, v. Tahsildar

Allowed

Kannammal, v. Tahsildar

Madras HC5 Apr 2022SA/1063/2006

Case brief

AI extract

What is this about?

Second Appeal allowed as abated after observing that legal heirs of deceased respondents were not impleaded despite their death.

What did the court decide?

Second Appeal allowed as abated.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022

CORAM

THE HONOURABLE MRS.JUSTIC E R.HEMALATHA

S.A.No.1063 of 2006

1.Kannammal

2.Subramanian ...Appellants

Vs.

1.Tahsildar

Egmore – Nungambakkam.

2.Kannian

3.Kasi

4.Elumalai

5.Kantha

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Second Appeal stands abated since legal heirs of deceased respondents were not impleaded.

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure Code100

Parties & counsel

AI extract

appellant
Kannammal
appellant
Subramanian
respondent
Tahsildar Egmore Nungambakkam
respondent
Kannian
respondent
Kasi
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Apr 2022 · April
Registered: 12 Sept 2006
Case no.: SA/1063/2006

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Cite this judgement

Kannammal, v. Tahsildar, SA/1063/2006 (MAD), decided on 5 April 2022.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure Code100

View all statutes

Bench / Coram

E R. Hemalatha

Parties & counsel

Outcome

Second Appeal allowed as abated.

Issue for consideration

Whether the Second Appeal stands abated since legal heirs of deceased respondents were not impleaded.

Detailed headnote1 paragraphs

Second Appeal abated due to failure to implead legal heirs of deceased respondents. No steps were taken to include heirs despite respondents dying long back, rendering continuation of appeal impossible.

A compact analysis

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.

6.Ponnammal ...Respondents

Prayer: Second Appeal filed under Section 100 Civil Procedure against the decree and judgment dated 26.07.2005 in A.S.No.185 of 2004 on the file of the II Fast Track Court, Chennai, upholding against the decree and judgment dated 21.12.2001 in O.S.No.15219 of 1996 on the file of the IV Assistant City Civil Court, Chennai.

JUDGMENT

A perusal of the records shows that the respondents 2 to 6 died long back and till date no steps have been taken by the appellants to implead the legal heirs of the deceased https://hcservices.ecourts.gov.in/hcservices/ respondents.

2.In view of the above, the Second Appeal stands abated. No costs.

Sd/-

Assistant Registrar(CS)

//True Copy//

Sub Assistant Registrar

mtl

To

The Judge, II Fast Track Court, Chennai.

The Judge, IV Assistant City Civil Court, Chennai.

3. The Section Officer, VR Section, High Court, Madras.

+1cc to the Special Government Pleader, S.R.No.24187

[09/06/2022]

S.A.No.1063 of 2006

SKM(CO) A.SK(19/04/2022)

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

Elumalai

Coram

AI extract

E R. Hemalatha

CNR

HCMA010103172006

Bench

Disposal

DISMISSED AS ABATED

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