Chandra v. Parvathi
Case brief
What is this about?
The Madras High Court dismissed the appeal suit as abated. The court accepted the counsel's submission that the original parties had died without their legal heirs appearing, preventing necessary steps. Consequently, the connected miscellaneous petition was also closed.
What did the court decide?
The appeal suit was dismissed as abated; no costs were awarded; the connected miscellaneous petition was closed.
What the court decided
A.S.(MD)No.54 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)No.54 of 2014 and M.P.(MD)No.1 of 2014
1.Chandra 2.Subramaniyan 3.Kamalaveni
...Appellants / Defendants
Vs.
Parvathi
... Respondent / Plaintiff
PRAYER: This Appeal Suit is filed under Section 96 of Civil Procedure Code, to set aside the decree and judgment dated 25.10.2013 made in O.S.No.63 of 2010 on the file of the 1st Additional District Judge, (PCR), Tirchirappalli.
Issues for consideration
1 issue framed by the court
Whether the current appeal suit can proceed despite the death of the original parties without the appearance of their legal heirs.
Parties & counsel
- appellant
Chandra Subramaniyan
- appellant
Kamalaveni
- respondent
Parvathi
Coram
Case details
As recorded by the court registry
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