In this second appeal regarding a property suit, the Madurai Bench of Madras High Court dismissed the appeal as abated. The court noted that the sole respondent had died on 17.08.2023, and no steps had been taken to bring their legal heirs on record by the date of the judgment.
The second appeal is dismissed as abated. No order as to costs.
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(MD).No.151 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.04.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A.(MD).No.151 of 2006
... Appellants/
Respondents 1 to 6/ Defendants 2 to 7 vs
Kamalammal ... Respondent/ Appellant/Plaintiff
PRAYER: Second Appeal is filed under Section 100 of CPC, against the judgment and decree passed in A.S.No.10 of 2005 on the file of the learned Sub Judge, Palani dated 24.11.2005 in reversing the judgment and decree passed in O.S.No.94 of 1997 on the file of the District Munsif, Palani, dated 03.02.2005.
For Appellants : Mr.G.Prabhu Rajadurai
For Respondent : No appearance
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S.A(MD).No.151 of 2006
JUDGMENT
It is seen from the records that the death of sole respondent was recorded by this Court as early as on 17.08.2023. Till date, no steps have been taken to bring on record the legal heirs of the deceased respondent.
no order as to costs.
24.04.2024
Internet:Yes/No Index:Yes/No RJR
To
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S.A(MD).No.151 of 2006
S.SOUNTHAR, J.
RJR
S.A.(MD).No.151 of 2006
24.04.2024
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1 issue framed by the court
Whether the second appeal should be allowed when the sole respondent has died and legal heirs have not been brought on record.
T.Ramasamy
N.Rangasamy
Rajammal
Narayana Samy
Chandra
Ramakrishnan
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
