Second appeal against dismissal of a suit for declaration and recovery of possession was dismissed as abated because the sole appellant had died and no legal representative took steps.
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. 1174 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2024
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
SA NO. 1174 of 2007 AND MP NO.1 OF 2007
M.R.Samiappan
...Appellant
Vs
1.Pongali Mudaliar
...Respondents
Prayer:- Second Appeal has been filed under Section 100 C.P.C., against
the judgment and decree dated 31.07.2006 made in A.S.No.40 of 2004 on
1/4
S.A. No. 1174 of 2007
the file of Subordinate Court, Dharapuram, Erode District confirming the judgment and decree dated 19.07.2004 made in O.S.No.281 of 1999 on the file of District Munsif Court, Kangayam, Erode Dt.
For Appellant : Mr.P.Navaneetha Krishnan For Respondents : Mr.R.Siddharth Govt.Advocate for R3 and R4 No appearance – R1, R2 & R5 R6 - No Such Person
JUDGEMENT
The appellant herein, who is the plaintiff filed a suit in O.S.No.281 of 1999 before the trial court against the defendants for the relief of declaration and recovery of possession and the same was dismissed. Challenging the said findings, he preferred an appeal in A.S.No.40 of 2004 on the file of Sub-Court, Dharapuram and the same was also dismissed confirming the findings of the trial court. Against which, the plaintiff preferred this Second Appeal.
2/4
S.A. No. 1174 of 2007
appeared. The learned counsel for appellant submitted that sole appellant died and she has not given any instructions to them. Furthermore, the
learned counsel for other respondents 1,2 and 5 have not taken any steps.
18.12.2024
rpp
To
3/4
S.A. No. 1174 of 2007
T.V.THAMILSELVI, J.
rpp
S.A. No. 1174 of 2007
18.12.2024
4/4
1 provisions across 1 enactments
M.R.Samiappan
Pongali Mudaliar
Senniyappan
The District Collector Erode District, Erode
Tahsildar, Kangayam, Erode District
Kannammal
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
