Kumari Murthy v. S. Sampath
Case brief
What is this about?
The High Court of Judicature at Madras dismissed the second appeal as it had abated due to the death of the sole appellant. The connected miscellaneous petition was also closed with no costs awarded.
What did the court decide?
The Second Appeal was dismissed as abated and the connected Miscellaneous Petition was closed. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
S.A.NO.727 OF 2015 AND C.M.P.NO.11197 OF 2017
Kumari Murthy, F/A 70 years, W/o.Krishnamurthy, No.42/2, Vellalar Street, Purasaiwakkam, Chennai 600 084.
...Appellant Vs.
S.Sampath, S/o.Subramani Mudaliar, Rep. by his power of attorney S.Peethambaram, No.11, Sanathi Street, Sathavachari, Vellore – 9. ...Respondent
Prayer : Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.1 of 2012 dated 18.12.2014 on the file of the Principal District Judge, Vellore, Vellore District confirming the judgment and decree passed in O.S.No.325 of 1995 dated 09.06.2011 on the file of the subordinate Judge, Vellore, Vellore District prays for setting aside the same and dismiss the suit in O.S.No.325 of 1995 on the file of the Subordinate Judge, Vellore, Vellore District by allowing the Second Appeal with costs.
This Second Appeal is filed against the judgment and decree passed in A.S.No.1 of 2012 dated 18.12.2014 on the file of the learned Principal District Judge, Vellore, Vellore District, confirming the judgment an decree passed in O.S.No.325 of 1995 dated 09.06.2011 on the file of the subordinate Judge, Vellore, Vellore District.
Issues for consideration
1 issue framed by the court
Whether an appeal can be heard when the sole appellant is deceased.
Parties & counsel
- appellant
Kumari Murthy
- respondent
S.Sampath
Coram
RMT.TEEKAA RAMAN
Case details
As recorded by the court registry
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