In this second appeal, the High Court of Madras held that the appeal stands abated because the first appellant died and legal heirs were not impleaded. No constitutes of instructions were received despite correspondence.
Second Appeal stood abated; no costs; 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.03.2022
CORAM THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.No. 348 of 2007 and M.P.No.1 of 2007
1.Parvathi Ammal 2.Lakshmi Ammal 3.Neelai Ammal ... Appellants/Respondents/Defendants Vs.
1.B.Gangadharan 2.B.Devaraj ... Respondents/Appellants/Plaintiffs
Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 25.10.2006 in A.S. No.25 of 2006, on the file of the Sub Court, Nilgiris at Ooty, reversing the decree and judgment dated 30.09.2005, in O.S. No.141 of 2004, on the file of the Principal District Munsif Court, Kothagiri.
For Appellants : Mr.Srinath Sridevan For Respondents : Mr.D.J.Venkatesan
JUDGMENT
It is seen from the records that the first appellan t died long back and till date no steps have been taken to implead the legal heirs of the deceased first appellant. The learned counsel appearing for the appellants submitted that they could not get any instructions from their clients inspite of sending several letters to them.
2.In view of the above, the Second Appeal stands abated. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
mtl
To
Copy to:
The Section Officer, VR Section, High Court, Madras.
S.A.No. 348 of 2007 and M.P.No.1 of 2007
AJS(CO) SU(30/03/2022)
Parvathi Ammal and others
B.Gangadharan and another
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
