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Ponnusami Udayar Vs Dhanakodi Ammal — Civil Procedure and Limitation | Madras HC (2022)

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Ponnusami Udayar Vs Dhanakodi AmmalPonnusami Udayar v. Dhanakodi Ammal

Dismissed

Ponnusami Udayar v. Dhanakodi Ammal

Madras HC22 Dec 2022SA/362/2006

Case brief

AI extract

What is this about?

Second appeal dismissed as abated. Court noted the appellant had died in 2019 leaving no legal heirs.

What did the court decide?

Second Appeal dismissed as abated. No costs.

What the court decided

AI extract

A

S.A.No.362 of 2006

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

S.A.No.362 of 2006

Ponnusamu Udayar

... Appellant

Vs.

Dhanakodi Ammal (died)

2.Lakshmi

3.Ramakrishnan

4.Arumugam

Parties & counsel

AI extract

appellant
Ponnusamy Udayar
respondent
Dhanakodi Ammal
respondent
Lakshmi
respondent
Ramakrishnan
respondent
Arumugam
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 22 Dec 2022 · December
Registered: 24 Mar 2006
Case no.: SA/362/2006

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Cite this judgement

Ponnusami Udayar v. Dhanakodi Ammal, SA/362/2006 (MAD), decided on 22 December 2022.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.T. ASHA

Parties & counsel

Outcome

Second Appeal dismissed as abated. No costs.

Detailed headnote1 paragraphs

In a second appeal filed by Ponnusamy Udayar, the High Court of Madras noticed the appellant's death in 2019 with no legal heirs. Consequently, the appeal stood dismissed as abated under general principles without specific statutory elaboration.

A compact analysis

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.

5.Dhanapaul Udayar

6.Malarkodi

7.Dhanalakshmi

8.D.Ramu

9.D.Murugan

[R.1 died, R.5 to R.9 brought on record as LRs of the deceased R.1 viz. Dhanakodi Ammal vide Court order dated 22.04.2021 made in CMP.Nos.240 to 243 of 2013 in SA.No.362 of 2006 - AQJ]

PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgement and decree of the learned Principal Subordinate Judge of Vriddhachalam in A.S.No.81 of 2002 dated 02.08.2004, preferred against the judgment and decree of the learned Judicial Magistrate cum District Munsif of Tittakkudi in O.S.No.121 of 1997 dated 21.06.2002.

1/4

https://www.mhc.tn.gov.in/judis

S.A.No.362 of 2006

For Appellants : Mr.V.Anand For Respondents : Mr.C.Munusamy [R.6 to R.9] : R.1 [Died] : R.2 to R.4 [ex parte] : R.5 [Died]

JUDGMENT

In the above appeal the learned counsel for the appellant has filed a

memo dated 22.12.2022 in which he has stated as follows:-

" It is submitted that the information received from the

villagers, appellant Ponnusamy died in the year 2019 as per the confirmed information, without leaving any legal heirs. His wife pre-deceased him."

The memo dated 22.12.2022 is taken on file and in the light of the

above submissions, the Second Appeal stands dismissed as abated. No costs.

22.12.2022

Index : Yes/No Internet : Yes/No shr

2/4

https://www.mhc.tn.gov.in/judis

S.A.No.362 of 2006

To

1.The Principal Subordinate Judge of Vriddhachalam.

2.The Judicial Magistrate cum District Munsif of Tittakkudi.

P.T. ASHA, J,

3/4

https://www.mhc.tn.gov.in/judis

S.A.No.362 of 2006

shr

S.A.No.362 of 2006

22.12.2022

https://www.mhc.tn.gov.in/judis

4/4

Dhanapaul Udayar

Coram

AI extract

P.T. ASHA

CNR

HCMA010105862006

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS ABATED

22 Dec 2022

Union of India Vs Sathyanarayananandha

22 Dec 2022