Rukmani v. M.Kali Gounder
Case brief
What is this about?
The High Court of Madras dismissed the second appeal as abated because the sole respondent had died and no steps were taken to implead legal heirs. No costs were awarded.
What did the court decide?
Second Appeal dismissed as abated; Connected Miscellaneous Petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No. 1340 of 2011 and M.P. No.1 of 2011
Rukmani ... Appellant
Vs.
M. Kali Gounder ... Respondent
Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 11.04.2011 passed in A.S.No.63 of 2010 on the file of the Additional District Judge and Fast Track Court No.4, Bhavni, Erode District,upholding the decree and judgment dated 30.12.2008 passed in O.S. No.95 of 2003 on the file of the Subordinate Judge, Bhavani, Erode District.
For Respondent : Mr. D. Selvaraju
JUDGMENT
It is seen from the records that the sole respondent died long back and till date no steps have been taken by the appellant's counsel to implead the legal heirs of the deceased sole respondent.
Issues for consideration
1 issue framed by the court
Whether the second appeal can be proceeded with when the sole respondent died and no legal heirs were impleaded.
Parties & counsel
- appellant
Rukmani
- respondent
M. Kali Gounder
Coram
MRS. JUSTICE E.R. HEMALATHA
Case details
As recorded by the court registry
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