A second appeal before the Madras High Court regarding a property suit. Due to abatement caused by the death of respondents and failure of the appellant to take steps, the appeal and connected miscellaneous petition were dismissed.
No order as to costs. Connected miscellaneous petition closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2024
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
S.A.No.322 of 2013 and
M.P.No.1 of 2013
Sheik Hussain S/o.Abdul Khadar
.. Appellant
vs.
1/4
9. Ibrahim
S/o.Abdul Khdar Sahib
10. Gopal Gounder S/o.Chinnasamy Gounder ..Respondents
Second Appeal filed under Section 100 of CPC against the judgment and decree dated 17.12.2008 passed in A.S.No.4 of 2008 on the file of the District Court, Tiruvannamalai in confirming the judgment and decree dated 11.06.2007 passed in O.S.No.57 of 2004.
For Appellant : Mr.P.Mani
J U D G M E N T
The matter came up on 19.01.2024. I had granted time by two
weeks to take steps on the respondents 1, 3, 5, 6, 9 and 10.
that despite intimation to the appellant, he has not come forward to give instructions to take steps.
has been dismissed as abated as early as on 22.04.2019. Subsequently, others have also passed away and steps have not been taken so far. https://www.mhc.tn.gov.in/judis 2/4
Therefore, recording the abatement, the Second Appeal is dismissed as abated. Connected miscellaneous petition is closed. There shall be no order as to costs.
05.02.2024
Index:Yes/No Neutral Citation:Yes/No Speaking Order / Non-speaking order
mk
To
3/4
V. LAKSHMINARAYANAN, J.
mk
S.A.No.322 of 2013
05.02.2024
4/4
1 issue framed by the court
Whether the second appeal filed by the appellant stands abated due to the death of parties and failure to take steps?
Sheik Hussain S/o.Abdul Khadar
Nawab John S/o.Abdul Khadar
Abdul Malick S/o.Abdul Khadar
Jonny Basha S/o.Abdul Khadar
Ismail S/o.Abdul Khadar
Zohara Bee W/o.Abdul Khadar
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
