The High Court dismissed a Second Appeal (S.A.) filed under Section 100 of CPC as abated due to the death of the Appellant, accepting the endorsement filed in the court bundle requesting dismissal. No costs were awarded.
Dismissal of the Second Appeal 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.755 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2024
CORAM:
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
S.A.No.755 of 2013
K.Balasuramaniam ... Appellant
vs
1.M/s.Ayanpuram Nadar Uravinmurai Sangam, No.76, N.M.K. Street, Ayanavaram, Chennai - 600 023.
2.The General Secretary, No.5, Devarajulu Street, Ayanpuram, Chennai - 600 023 … Respondents
PRAYER: Second Appeal filed under Section 100 of CPC to set aside the Judgment and Decree dated 11.02.2013 in dismissing the A.S.No.423 of 2011 on the file of the IV Additional Judge, City Civil Court at Chennai, by confirming the Judgment and Decree dated 08.06.2011 in O.S.No.9272 of 2009 on the file of the IV Assistant City Civil Judge, Chennai.
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For Appellant : Mr.N.Jayabalan For Respondents : No appearance
ORDER
Learned counsel for the Appellant submitted that the Appellant
died and also made an endorsement in the court bundle that the appeal may
be dismissed. Accordingly, this second appeal is dismissed as abated. No costs.
23.01.2024
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Index : Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No
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V.LAKSHMINARAYANAN, J.
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1 issue framed by the court
Whether the second appeal can be proceeded with upon the death of the appellant.
1 provisions across 1 enactments
K. Balasuramaniam
M/s. Ayanpuram Nadar Uravinmurai Sangam
The General Secretary
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
