The MPC issued an order dismissing the second appeal as abated because the second respondent had died and the appellant failed to implead their legal heirs. Consequently, the connected miscellaneous petition was closed. No costs were awarded.
The second appeal stands abated. No costs. Connected miscellaneous petition is 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 : 20.04.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No. 580 of 2010 and M.P.No.1 of 2010
Pandurangan .. Appellant Vs.
1.Ameena Bee 2.Amanulla Shaib ... Respondents
Prayer: Second Appeal filed under Section 100 Civil Procedure against the decree and judgment dated 12.11.2009 in A.S.No.55 of 2009 on the file of the Principal District Court, Villupuram, reversing against the decree and judgment dated 27.08.2008 in O.S.No.288 of 2003 on the file of the Additional District Munsif Court, Villupuram.
For Respondents : No appearance
JUDGMENT
A perusal of the records shows that the second respondent died long back and till date no steps have been taken by the appellant to implead the legal heirs of the deceased second respondent. T he learned counsel for the appellant states that he is unable to contact his party.
Sd/-
Assistant Registrar(CS-CCC)
//True copy//
Sub Assistant Registrar
mtl
To
1.The Principal District Judge, Villupuram.
3. The Section Officer, VR Section, High Court, Madras.
S.A.No. 580 of 2010 and M.P.No.1 of 2010
MG(CO) GMY(28/04/2022)
1 issue framed by the court
Whether the second appeal can be decided in the absence of impleaded legal heirs of the deceased second respondent.
1 provisions across 1 enactments
Pandurangan
Ameena Bee
Amanulla Shaib
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
