Second appeal dismissed as abated because the appellant died about two years earlier, no legal heirs were traced despite efforts, and no application to bring them on record was filed even after accommodation by the court.
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.1521 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2024
CORAM
THE HON'BLE MR. JUSTICE C.KUMARAPPAN
S.A.No.1521 of 2008 and C.M.P.No.1 of 2008
Thimmakkal
... Appellant
Vs.
[R2 & R3 are brought on records as Lrs of the deceased sole respondent viz., S.K.Sundaram vide Court order dated 24.06.2021 made in C.M.P.Nos.7879, 7882 and 7885 of 2021 in S.A.No.1521 of 2008 by PTAJ]
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree dated 10.01.2006 made in A.S.No.40 of 2005 on the file of Principal Subordinate Judge, Gobichettipalayam confirming the judgment and decree dated 19.04.2005 made in O.S.No.273 of 1994 on the file of District Munsif, Sathyamangalam by allowing this second appeal.
For Appellants : Mr.G.Prabhakaran
For Respondents : R1- Died
Mr.M.Roshan Atiq [R2 & R3]
1/3
S.A.No.1521 of 2008
JUDGMENT
Learned counsel for the appellant would submit that the sole
appellant died about two years back, but still inspite of best efforts, he is not in a position to get the legal heirs detail.
the appellant to move an appropriate application, but even today no application has been filed. Hence, this Second Appeal is dismissed as abated. No costs. Connected miscellaneous petition is closed.
18.04.2024
Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order
mp
To
2/3
S.A.No.1521 of 2008
C.KUMARAPPAN.J.,
mp
S.A.No.1521 of 2008
18.04.2024
3/3
1 provisions across 1 enactments
Thimmakkal
S.K.Sundaram (Died)
Kannammal
S.Jeyendran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
