The single judge disposed of a second appeal, holding that it stands abated and closed due to the death of the contesting respondents. Connected miscellaneous petitions were also closed without costs.
The second appeal and connected miscellaneous petition were abated and closed. No costs awarded.
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 : 03.03.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
S.A.No.263 of 2015 and M.P.No. 1 of 2015 J. Rajendra Babu ... Appellant/ Appellant/ 1st Defendant Vs.
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 25.08.2014 in A.S.No.5 of 2012 on the file of the Sub Court, Gudiyattam, Vellore District confirming the Judgment and Decree dated 18.10.2011 in O.S.No.295 of 2007 on the file of the District Munsif Court, Gudiyattam, Vellore District.
For Appellants : Mr.K.A.Ravindran
For Respondents: Mr.J.Arumugam for (R1 died)
Ms.Akila Rajendran, Government Advocate (CS) for R2
JUDGMENT
The learned counsel for the appellant submitted that the contesting respondents, viz., first and third respondents, already died long back. Hence, the second appeal itself stands abated accordingly, the second appeal is closed. Consequently, connected miscellaneous petition is also closed. No costs.
Sd/Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
Lpp
To
1.The Sub Judge, Gudiyattam, Vellore District.
S.A.No.263 of 2015 and M.P.No. 1 of 2015
NRL(CO) SB(18/03/2022)
1 issue framed by the court
Whether the second appeal abates upon the death of the contesting respondents.
1 provisions across 1 enactments
J. Rajendra Babu
J. Damodharan
J. Rajeswari
J. Karuna Karan
Vijayalakshmi
J. Kumaresan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
