This Court held that since respondents in the second appeals are deceased and their legal heirs were not impleaded, the appeals stand abated. Consequently, the connected civil miscellaneous petition was closed.
Second Appeals abated. Connected Civil Miscellaneous Petition closed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.Nos. 790 & 791 of 2002 and C.M.P.No.6494 of 2002
1.Shanmughamani (Died) 2.Baby 3.D.Sarojini 4.B.Dhanalakshmi 5.Saraswathy 6.Navanithikrishnan ... Appellants in both S.As
(Appellants 5 & 6 brought on record as LRs of the deceased first appellant viz. Shanmughamani vide order of Court dated 27.02.2020 made in C.M.P.No.4634 to 4637, 4642, 4646 & 4645/2020 in S.A.Nos.790 & 791/2002)
Vs.
1.Thiruvenkatasamy 2.Venkatesan 3.Bagyalakshmi 4.Palaniammal 5.Thanuskodi ... Respondents in S.A.No.790 of 2002 1.Thiruvenkatasamy 2.Thanuskodi ... Respondents in S.A.No.791 of 2002
Common Prayers: Second Appeals filed under Section 100 CPC, 1908 against the decree and judgment dated 28.02.2001 in A.S. Nos.59 & 71 of 1996, on the file of the I Additional District Court cum Chief Judicial Magistrate, Coimbatore, reversing the decree and judgment dated 12.01.1996, in O.S. Nos.1046 & 760 of 1983, on the file of the II Additional District Munsif Court, Coimbatore.
COMMON JUDGMENT
It is seen from the records that the respondents 1 & 4 in S.A.No.790 of 2002 and first respondent in S.A.No.791 of 2002 are dead long back and till date no steps have been taken to implead the legal heirs of the deceased respondents in both the appeals.
2.In view of the above, the Second Appeals stands abated. No costs. Consequently, connected civil miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
mtl
To
S.A.Nos. 790 & 791 of 2002 and C.M.P.No.6494 of 2002
SKM(CO) GMY(01/04/2022)
1 issue framed by the court
Whether second appeals stands abated when respondents are dead and legal heirs have not been impleaded.
1 provisions across 1 enactments
Baby
Baby & Ors.
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
