Second Appeal dismissed because the earlier appeal was already dismissed by apart of the joint decree. Rule applied that if an appeal fails against one party in a joint decree, it fails for all. No substantive hearing held as appellant was absent.
Appeal dismissed without costs as dismissed against the Joint Respondent.
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.No.145 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
Second Appeal No.145 of 2008
Parvathi Ammal
.. Appellant
Vs.
1.Rajammal
2.Unnamalai Ammal W/o. Shanmugam
3.Unnamalai Ammal W/o.Narayanan
4.Kanthiyammal
5.Minor Kamalrajan .. Respondents (R5 minor represented by guardian and mother Kanthiyammal)
Prayer : Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 08.07.2002 made in A.S.No.48 of 1997 on the file of the Principal District Court, Vellore Vellore District, as confirmed in O.S.No.30 of 1986 on the file of the Sub
Court, Tirupathur.
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S.A.No.145 of 2008
For Appellant : Mr.A.P.Venkataraman For R1 : Mr.K.R.A.Muthukrishnan For R2 & R3 : No appearance R4 : Dismissed on 14.12.2022 R5 : Minor represented by R4
J U D G M E N T
The matter was listed on 14.03.2023 and yet again on 28.03.2023 and finally today on 18.04.2023. On all these days, learned counsel for the appellant was absent. The records reveal that my learned sister Justice Ms. P.T.ASHA had dismissed the appeal as against the 4th respondent on 14.12.2022. I adjourned the matter on several occasions to enable the counsel for the appellant to take steps to restore the appeal against the 4th respondent. In a suit for partition, the decree being joint, if the appeal is dismissed against one appellant or respondent, the appeal has to fail with respect to all the parties. Being left with no other option, this Second Appeal is dismissed as the appeal has already been dismissed as against the 4th respondent. No costs.
18.04.2023
Index : Yes / No Neutral Citation : Yes / No kj
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S.A.No.145 of 2008
V.LAKSHMINARAYANAN,J.
Kj
To
The Record Keeper V.R. Section High Court, Chennai.
Second Appeal No.145 of 2008
18.04.2023
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Parvathi Ammal
Rajammal
Unnamalai Ammal
Unnamalai Ammal
Kanthiyammal
Kamalrajan
V. Lakshminarayan
P. T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
