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P.Irullan Vs a.Nagaraj Pandian — Madras HC (2024) — LawSathi Research

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P.Irullan Vs a.Nagaraj PandianP.Irullan v. a.Nagaraj Pandian

Dismissed

P.Irullan v. a.Nagaraj Pandian

Madras HC6 Nov 2024SA(MD)/1064/2006

Case brief

AI extract

What is this about?

Second appeals were dismissed as abated because the sole appellant died and legal heirs were not brought on record within the period of limitation.

What the court decided

AI extract

A

S.A.(MD)Nos.1064 & 1065 of 2006

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

S.A.(MD)Nos.1064 &1065 of 2006 and M.P(MD)Nos.1 and 1 of 2006

S.A.(MD)No.1064 of 2006:

P.Irullan

...Plaintiff/Respondent/Appellant

-Vs-

1.A.Nagaraj Pandian

2.Chinna Thevar

3.Petchiammal

Parties & counsel

AI extract

appellant
P.Irullan
respondent
A.Nagaraj Pandian
respondent
Chinna Thevar
respondent
Petchiammal
respondent
Pandy
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 6 Nov 2024 · November
Registered: 7 Nov 2006
Case no.: SA(MD)/1064/2006

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Cite this judgement

P.Irullan v. a.Nagaraj Pandian, SA(MD)/1064/2006 (MAD), decided on 6 November 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V.SIVAGNANAM

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Where the sole appellant in a second appeal dies and legal heirs are not brought on record within the limitation period, the appeals are liable to be dismissed as abated.

A compact analysis

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.

4.Pandy

5.Kodivairan

6.Arumugam

7.Rajangam

8.Muthupandiammal

9.Uma ...Defendants/Petitioners/Respondents

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 19.01.2006 passed in A.S.No.200 of 2005 by the learned I Additional Subordinate Judge, Madurai reversing the Judgment and Decree, dated 27.06.2005 passed in O.S.No.318 of 1996 by the learned District Munsif, Tirumangalam.

https://www.mhc.tn.gov.in/judis

Page 1 of 4

S.A.(MD)Nos.1064 & 1065 of 2006

For Appellant : Mr.S.Natesh Raja For Respondents : Mr.Mohammed Imran for M/s.Ajmal Associates for R1

S.A.(MD)No.1065 of 2006:

P.Irullan ...Defendant/Respondent/Appellant

-Vs-

A.Nagaraj Pandian ...Plaintiff/Appellant/Respondent

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 19.01.2006 passed in A.S.No.201 of 2005 by the learned I Additional Subordinate Judge, Madurai reversing the Judgment and Decree, dated 27.06.2005 passed in O.S.No.49 of 1998 by the learned District Munsif, Tirumangalam.

For Appellant : Mr.S.Natesh Raja For Respondent : Mr.Mohammed Imran for M/s.Ajmal Associates

COMMON JUDGMENT

When the matter is taken up for hearing today, the learned counsel for the appellant submitted that the sole appellant died in the year 2022

https://www.mhc.tn.gov.in/judis

Page 2 of 4

S.A.(MD)Nos.1064 & 1065 of 2006

2.Since the sole appellant died in the year 2022 and his legal heirs are not brought on record within the period of limitation, these second appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.

06.11.2024

NCC : Yes/No Index : Yes/No Internet: Yes/No skn To 1.The I Additional Subordinate Court, Madurai. 2.The District Munsif Court, Tirumangalam.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Page 3 of 4

S.A.(MD)Nos.1064 & 1065 of 2006

V.SIVAGNANAM. J,

skn

S.A.(MD)Nos.1064 &1065 of 2006

06.11.2024

https://www.mhc.tn.gov.in/judis

Page 4 of 4

Kodivairan

Coram

AI extract

V.SIVAGNANAM

CNR

HCMD010020962006

Bench

Disposal

DISMISSED AS ABATED

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6 Nov 2024