Second appeal against reversal by the first appellate court was dismissed as abated because the sole respondent died and no steps were taken to implead the legal heirs.
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S.A.No.1541 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
S.A.No.1541 of 2011
1.K.Govindasamy 2.G.Periyathai 3.Uthirakumar
5.Chinnathambi 6.Shankar ... Appellants Vs.
D.Rajalakshmanan ... Respondents Prayer :- Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree of the learned Subordinate Judge, Tirupattur, Vellore – District, dated 24.09.2010 in A.S.No.73 of 2007 reversing the Judgment and Decree of the learned District Munsif Court, Tirupattur, Vellore – District, dated 19.06.2007 in O.S.No.60 of 2001.
For Appellants : Mr.D.Balachandran For Respondent : Mr.T.P.Prabhakaran
JUDGMENT
Challenge in this second appeal is made to the Judgment and Decree
passed by the learned Subordinate Judge, Tirupattur, Vellore District, dated
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S.A.No.1541 of 2011
24.09.2010 in A.S.No.73 of 2007 reversing the Judgment and Decree of the learned District Munsif Court, Tirupattur, Vellore District, dated 19.06.2007 in O.S.No.60 of 2001.
2.The learned counsel for the respondent submitted that the sole respondent died on 08.08.2023. Previously, the matter has been adjourned for taking steps to implead the legal heirs of the sole respondent. However, no steps have been taken sofar.
3.In view of the same, this Second Appeal is dismissed as abated. No costs. Consequently, the connected Miscellaneous Petition, if any, is closed.
26.07.2024
gd Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No
2/4
S.A.No.1541 of 2011
To
V.SIVAGNANAM, J.
S.A.No.1541 of 2011
gd
S.A.No.1541 of 2011
26.07.2024
1 provisions across 1 enactments
K.Govindasamy
G.Periyathai
Uthirakumar
Kasi
Chinnathambi
Shankar
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
