Second appeal against a first appellate court decree; respondent's counsel reported the decree had been executed and possession delivered. The court recorded that the sole appellant had died and the appeal abated, dismissed the second appeal as abated without costs, and closed connected miscellaneous petitions.
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S.A.No. 1248 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2024
CORAM:
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
S.A. No.1248 of 2012 and M.P.Nos.1 of 2012 & 1 of 2013
M.Nanjappan ... Appellant
Vs.
Poovathal @ Masammal ... Respondent
Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, against judgment and decree dated 29.11.2011 made in A.S.No.35 of 2010 on the file of the First Additional Subordinate Judge's Court at Coimbatore confirming the judgment and decree dated 30.07.2009 made in O.S.No.2057/2006 on the file of the Principal District Munsif Court, Coimbatore.
For Appellant : Mr.S.Mukunth
for M/s.Sarvabhauman Associates
For Respondent : Mr.V.Nicholas
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S.A.No. 1248 of 2012
JUDGMENT
The learned counsel for the respondent submitted that the respondent filed a memo stating that in pursuant to the judgment of the first appellate Court dismissing the first appeal on 29.11.2011, execution proceedings have been initiated in E.P.No.76 of 2012 and that has been fructified and the possession has also been taken up by the respondent. In such case nothing remains for any further consideration in this second appeal.
appellant died long ago and that the appeal itself has got abated.
memo filed by the respondent, the Second Appeal is dismissed as abated. No costs. Connected miscellaneous petitions are closed.
12.11.2024
Index:Yes/No Speaking Order / Non-speaking order Neutral Citation Case : Yes / No bkn
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S.A.No. 1248 of 2012
To:
Coimbatore.
Coimbatore.
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S.A.No. 1248 of 2012
R.N.MANJULA, J.
bkn
S.A. No.1248 of 2012
12.11.2024
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1 issue framed by the court
Whether the second appeal survives when the sole appellant died and the decree under appeal stands executed.
1 provisions across 1 enactments
M.Nanjappan
Poovathal @ Masammal
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
