In a Second Appeal alleging abatement due to the death of the sole appellant without action within the limitation period, the Madurai Bench of the Madras High Court dismissed the appeal.
The second appeal is dismissed as abated.
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.1813 of 2002
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
S.A.No.1813 of 2002
1.Sahul Hameed(Died)
...1st Plaintiff/Respondent/Appellant
2.Mamutha Begum
3.Nazreen Banu
(Appellants 2 to 6 are brought on record as LR's of the deceased Sole Appellant Vide Court order dated 06.06.2024 made in C.M.P(MD)Nos.2607, 2608 and 2610 of 2024 in S.A.No.1813 of 2002)
-Vs-
1.Thanjaraju
3.Theethi
4.Ayili
5.Deivanai
6.Adaikalam
...Defendants/Appellants 1 to 5/ Respondents/2nd respondent
Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 10.04.2002 and made in A.S.No.48 of 2001 on the file of Principal District Court, Pudukkottai reversing the Judgment and Decree dated 25.09.2000 and made in O.S.No.260 of 1995 on the file of the District Munsif cum Judicial Magistrate, Keeranur.
Page 1 of 3
S.A.No.1813 of 2002
For Appellants : Mr.R.Paranjothi for M/s.KBS Law Office
JUDGMENT
This Second Appeal has been filed against the Judgment and Decree dated 10.04.2002 and made in A.S.No.48 of 2001 on the file of Principal District Court, Pudukkottai reversing the Judgment and Decree dated 25.09.2000 and made in O.S.No.260 of 1995 on the file of the District Munsif cum Judicial Magistrate, Keeranur.
2.When the matter was taken up for hearing, the learned counsel appearing for the appellants submitted that the sole appellant died and steps have not been taken within the period of limitation as stipulated.
3.In view of the above, this second appeal is dismissed as abated.
No costs.
09.12.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
Page 2 of 3
S.A.No.1813 of 2002
V.SIVAGNANAM . J,
RJR
To
S.A.No.1813 of 2002
09.12.2024
Page 3 of 3
1 issue framed by the court
Whether a second appeal can be heard when the sole appellant has died without steps being taken within the limitation period.
Sahul Hameed & Ors.
Thanjaraju & Ors.
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
