The appellant in a second appeal under Section 100 CPC died on 26.09.2018. The court held that the appeal abated due to his death, dismissed the appeal, and closed the connected miscellaneous petition.
The Second Appeal was dismissed as abated; costs refused; connected Miscellaneous Petition 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.
S.A.No.1300 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.1300 of 2011 and M.P.No.1 of 2011
Appar Reddiyar
... Appellant
Vs.
1.Rajendiran 2.Gothandarama Reddiyar ... Respondents
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgement and decree in A.S.No.10 of 2010 on the file of the Subordinate Judge, Gingee dated 25th January 2011 reversing the Judgement and Decree in OS.No.298 of 1999 dated 30th November 2009 on the file of Principal District Munsif, Gingee.
For Appellant : Mr.N.P.Kumar For Respondent : Mr.P.B.Ramanujam [R.1] : Not ready in notice [R.2]
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S.A.No.1300 of 2011
JUDGMENT
It is informed by the learned counsel for the appellant that the sole
appellant had died as early as on 26.09.2018. However, the LRs are not interested in further prosecuting the matter since they have not responding to his calls.
21.12.2022
Index : Yes/No Internet : Yes/No shr To
1.The Subordinate Judge, Gingee 2.The Principal District Munsif, Gingee.
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S.A.No.1300 of 2011
P.T. ASHA, J,
shr
S.A.No.1300 of 2011 and M.P.No.1 of 2011
21.12.2022
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1 issue framed by the court
Whether the second appeal could be entertained after the death of the appellant.
Appar Reddiyar
Rajendiran
Gothandarama Reddiyar
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
