The court dismissed the second appeal as abated because the second appellant died and no steps were taken to substitute his legal representatives within the period of limitation.
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SA.(MD)No.184 of 2004
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.11.2024
CORAM
THE HON'BLE MR.JUSTICE V.SIVAGNANAM
SA.(MD)No.184 of 2004
1.Madurai Spun Pipe Company Represented by its Partner Tamilmani Ammal 2.Tamilmani Ammal ... Appellants
Vs.
M.Ayyakkalai ... Respondent
PRAYER : Second Appeal filed under Section 100 Cr.P.C., against the decree and judgment passed in A.S.No.113 of 1998 on the file of the II Additional Sub-Judge, Madurai dated 08.01.2004 by confirming the decree and judgment passed in O.S.No.132 of 1993 on the file of the District Munsif, Madurai Taluk dated 27.08.1998.
For Appellants : Mr.S.Parthasarathy
For Respondent : Mr.N.Mohammed Asif
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SA.(MD)No.184 of 2004
JUDGMENT
This second appeal has been filed to set aside the decree and
judgment passed in A.S.No.113 of 1998 on the file of the II Additional Sub-Judge, Madurai dated 08.01.2004 by confirming the decree and judgment passed in O.S.No.132 of 1993 on the file of the District Munsif, Madurai Taluk dated 27.08.1998.
2.It is noticed that the second appellant, who is also representing the first appellant, died on 23.01.2017 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.
04.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No gns
SA.(MD)No.184 of 2004
To
Madurai Bench of Madras High Court, Madurai.
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SA.(MD)No.184 of 2004
V.SIVAGNANAM,J.
gns
SA.(MD)No.184 of 2004
04.11.2024
1 issue framed by the court
Whether the second appeal has abated due to the death of the appellant and failure to comply with limitation for substitution?
1 provisions across 1 enactments
Madurai Spun Pipe Company Represented by its Partner Tamilmani Ammal 2.Tamilmani Ammal
M.Ayyakkalai
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
