Civil Miscellaneous Appeal against a first appellate court's remand of a partition-related suit. Both appellants had died with no instructions regarding legal heirs, so the appeal was dismissed as abated and the connected miscellaneous petition closed.
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.
C.M.A.(MD).No.1333 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.M.A.(MD)No.1333 of 2012 and
M.P(MD) No.1 of 2012
1.Kanagasabesan
Krishnan (Died)
Saravanaperumal (Died)
2.Pitchapalam ... Appellants/Respondents 1 to 4/ Defendants 1 to 4
-vs-
V.Chithiraikani Ammal (Died)
1.Vasantha
2.V.Thandavan
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C.M.A.(MD).No.1333 of 2012
8.Premadas
9.Ramdas
10.Mohandas ... Respondents/Petitioners/ Plaintiffs 1 to 8 & Defendants 5 to 7
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(U) of C.P.C, against the judgment and decree dated 14.10.2011 passed in A.S.No.46 of 2005 on the file of the Sub Court, Thoothukudi remanding the suit in O.S.No.22 of 2000 on the file of the District Munsif Court, Sathankulam and set aside the same.
For Appellants : Mr.G.Prabhu Rajadurai For R2 & R3 : Mr.A.Mahendravarma
For R1, R5 & R7 to R10: No appearance
J U D G M E N T
When the matter is taken up for hearing today, the learned counsel
appearing for the Appellants submitted that both the Appellants died and no instruction about the legal heirs.
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C.M.A.(MD).No.1333 of 2012
2. In view of the above, the Civil Miscellaneous Appeal is dismissed as abated. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
07.03.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No dss
To
2. The District Munsif Court, Sathankulam.
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C.M.A.(MD).No.1333 of 2012
P.DHANABAL,J.
dss
C.M.A.(MD)No.1333 of 2012 and M.P(MD) No.1 of 2012
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C.M.A.(MD).No.1333 of 2012
07.03.2024
5/5
1 provisions across 1 enactments
Kanagasabesan
Krishnan (Died)
Saravanaperumal (Died)
Pitchapalam
V.Chithiraikani Ammal (Died)
Vasantha
P.Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
