Second appeals filed by heirs as appraisers to set aside a judgment in a civil suit. The petitioners had died without the legal representatives impleading themselves. The court dismissed the appeal as abated due to lack of interest evinced by the legal representatives.
The second appeal was dismissed as abated. No costs to the respondents.
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.
S.A.(MD) No.636 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
S.A.(MD) No.636 of 2010
1.Arulmani
2.Mary
3.Chandira ... Appellants/Respondents 1 to 3/ Defendants 1 to 3
-vs-
1.D.Sevugan Perumal ... 1st Respondent/Appellant/Plaintiff 2.Bagyalakshmi ... 2nd Respondent/4th Respondent/ 4th Defendant
Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 26.08.2009 made in A.S.No.12 of 2009 on the file of the Sub Court, Virudhunagar, reversing the judgment and decree dated 27.01.2009 made in O.S.No.189 of 2007 on the file of the District Munsif Court, Virudhunagar.
For Appellants : Mr.S.Parthasarathy For R2 : Mr.R.Velmurugan For R1 : No appearance ******
J U D G M E N T
It is informed by the learned counsel appearing for the appellants that the appellants are no more and theirs LRs have not met him to file necessary petition to implead them.
2. Considering the fact that the LRs of the appellants have not evinced any interest in the matter to implead themselves, this second appeal is dismissed as abated. No costs.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
1/2
S.A.(MD) No.636 of 2010
To
1.The Subordinate Judge, Virudhunagar.
2.The District Munsif, Virudhunagar.
COPY TO:-
The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)
+1 CC to M/s.R. VELMURUGAN, Advocate ( SR-28291[F] dated 27/06/2022 )
S.A.(MD) No.636 of 2010 27.06.2022
nsn(CO) GC(01.07.2022) 2P 6C
2/2
1 issue framed by the court
Whether the second appeal filed by the legal representatives of deceased appellants can be maintained when they have not impleaded themselves.
1 provisions across 1 enactments
Arulmani
Mary
Chandira
Bagyalakshmi
D.Sevugan Perumal
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
