Radhakrishnan v. Narayanasamy
Case brief
What is this about?
This Second Appeal was dismissed as abated because the third appellant died during 2012 and his legal heirs were not impleaded, with no steps taken by the other appellants.
What did the court decide?
The Second Appeal is dismissed as abated. No costs awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2022 CORAM THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1244 of 2011 and M.P. No.1 of 2011
- Radhakrishnan 2. Ramalingam 3. Velmurugan ... Appellants/Defendants Vs. Narayanasamy ... Respondent/Plaintiff
Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 28.06.2011, passed in A.S. No.11 of 2010 on the file of the Additional District-cum-Sessions Judge (Fast Track Court-III), Vridhachalam, upholding the decree and judgment dated 30.09.2009 on the file of the Additional Subcourt, Vridhachalam, in O.S. No.56 of 2005.
JUDGMENT
It is represented by the learned counsel for the appellants that the third appellant died during the year 2012 and that he could not take steps to implead the legal heirs of the deceased third appellant as the appellants did not turn up even after receiving notice from him.
- Under the circumstances, this Second Appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is closed.
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
Issues for consideration
1 issue framed by the court
Whether the second appeal should be allowed when one of the appellants died before the decision.
Parties & counsel
- appellant
Radhakrishnan
- appellant
Ramalingam
- appellant
Velmurugan
- respondent
Narayanasamy
Coram
Case details
As recorded by the court registry
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