Ponnammal, v. Rani
Case brief
What is this about?
This second appeal was dismissed as abated since key parties (the 1st and 2nd appellants and Respondent 1) had died during the pendency of the appeal without replacing themselves or impleading class II legal heirs, rendering the matter legally dead.
What the court decided
C.M.S.A(MD)No.33 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.S.A(MD)No.33 of 2010
1.Tmt.Ponnammal
2.Pandiammal ... Appellants/Appellants/Petitioners
Vs.
1.Rani
2.The Administrative Officer, and Executive Engineer, Housing Board, Ellis Nagar, Madurai. ... Respondents/Respondents/ Respondents
PRAYER: Civil Miscellaneous Second Appeal is filed under Section 100 of Code of Civil Procedure r/w. Section 372 of Indian Succession Act, to allow the appeal and set aside the judgment and decree, dated 11.03.2008 made in C.M.A.No.21 of 2005 on the file of the I Additional District Court, Madurai confirming the order, dated 28.02.2005 made in S.O.P.No.45 of 1997 on the file of the Principal Sub Court, Madurai.
Issues for consideration
1 issue framed by the court
Whether the second appeal stands dismissed due to abatement of the appellants/respondents during the hearing.
Parties & counsel
- appellant
Tmt. Ponnammal
- appellant
Pandiammal
- respondent
Rani
- respondent
The Administrative Officer, and Executive Engineer, Housing Board, Ellis Nagar, Madurai
Coram
Case details
As recorded by the court registry
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