In this partition appeal, the High Court held that since the sole appellant and multiple respondents died, the entire second appeal abated. Consequently, the appeal was dismissed in full without any order as to costs.
The second appeal was dismissed as abated due to death. No order as to costs made.
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.984 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.01.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
S.A.No.984 of 2001
R.Rengadurai ... Appellant/Appellant/Plaintiff Vs 1.Ramasami Iyengar ... 1st Respondent/2nd Respondent/ 2nd Defendant 2.Govindarajan 3.Sampath Krishnan 4.Jegannathan 5.Rengamma 6.Jeyaletchumi ... Respondents 2 to 6/ Respondents 3 to 7/LRs of D1 7.S.R.Janakavalli (Did) 8.S.R.Rangarajan 9.S.Rajagopalan (Died) ... Respondents 7 to 9/ Respondents 8 to 10/Nil
[R7 died and R8, who is already on record was recorded as LR of deceased R7 vide order dated 04.04.2018 in S.A.No.984 of 2001]
10.R.Saroja
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S.A.No.984 of 2001
11.R.Mythily
12.R.Vijayarani
13.R.Sundarakannan 14.R.Renganayakki ... Respondents 10 to 14
[RR10 to 14 were brought on record as LRs of the deceased 9th respondent vide order dated 24.01.2020 made in C.M.P. (MD) Nos.11417 to 11419 of 2018 in S.A.No.984 of 2001]
Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 22.07.1999 made in A.S.No.179 of 1991 on the file of the I Additional District Judge cum Chief Judicial Magistrate, Trichirappali, confirming the judgment and decree dated 18.06.1990 made in O.S.No.23 of 1983 on the file of the I Additional Sub Judge, Trichirappalli.
For Appellant : Mr.K.Govindarajan For RR2 to 4, 6 & 8: Mr.T.R.Rajaraman For RR11 to 14 : Mr.K.Prabhakar
J U D G M E N T
It is seen from the records that the sole appellant, respondents 5 and 10 are no more. The second appeal is arising out of a suit for partition. If
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S.A.No.984 of 2001
the second appeal abates as against some of the sharers, then the whole appeal has to be dismissed as abated. By recording the death of the sole appellant and respondents 5 and 10, this Second Appeal is dismissed as abated. However, there shall be no order as to costs.
19.01.2023
NCC : Yes/No Index:Yes/No Internet:Yes
abr
To
1.The I Additional District Judge cum Chief Judicial Magistrate, Trichirappali.
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S.A.No.984 of 2001
S.SOUNTHAR, J.
abr
S.A.No.984 of 2001
19.01.2023
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2 issues framed by the court
Whether the second appeal must be dismissed as abated due to the death of the appellant and other co-sharers.
Whether a partial abatement precludes the disposal of the entire partition appeal.
R.Rengadurai
Ramasami Iyengar
Govindarajan
Sampath Krishnan
Jegannathan
Rengamma
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
