In this second appeal, the single judge dismissed the appeal as abated because the sole appellant had died long back without impleading legal heirs and no representation appeared in court.
The second appeal is dismissed as abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.03.2022
CORAM THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.No. 808 of 2010 and M.P. No.1 of 2010
Kumarasamy Moopanar ... Appellant
Vs.
Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 31.08.2009 on the file of the Principal Subordinate Judge, Vriddhachalam, in A.S. No.55 of 2006, upholding the decree and judgment dated 23.08.2004 on the file of the District Munsif cum Judicial Magistrate, Thittakudi, in O.S. No.181 of 1997.
It is seen from the records that the sole appellant died long back and till date no steps have been taken by the appellant's counsel to implead the legal heirs of the deceased sole appellant even though several adjournments were granted in this regard. Today also there is no representation on behalf of the appellant.
Sub Assistant Registrar
bga
To
1 issue framed by the court
Whether the second appeal should be dismissed as the sole appellant had died and legal heirs were not impleaded.
1 provisions across 1 enactments
Kumarasamy Moopanar
The Tahsildar, Thittakudi, Cuddalore District
The District Collector, Cuddalore
Baskar
Balakrishna Maruthuvar
Dakshinamoorthy
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
