Two second appeals against reversal of trial court decrees were dismissed as abated because the sole appellant died, notice returned endorsed 'deceased', and legal representatives failed to seek impleadment.
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)Nos.278 and 279 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.(MD)Nos.278 and 279 of 2009 and M.P(MD)No.1 3 of 2009
S.A(MD)No.278 of 2009:-
Abraham
...Appellant
-Vs-
1.Mariadhas (Died)
2.Renjitham
3.Muthatchi
4.Vincent
5.Erose
... Respondents
(R3 to R6 were brought on record as legal representatives of the deceased first respondent vide order, dated 25.02.2023 in M.P(MD)Nos.1 to 3 of 2012.)
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 30.10.2006 passed in A.S.No.52 of 2004 by the learned Subordinate Judge, Kuzhithurai, reversing the judgment and decree in O.S.No.472 of 1994, dated 24.06.2004 passed by the II Additional District Munsif, Kuzhithurai.
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S.A.(MD)Nos.278 and 279 of 2009
For Appellant : Mr.P.Thiagarajan R1 : Died For R2 :No Appearance For R3 to R6 :Mr.C.Raja Kumar
S.A(MD)No.279 of 2009:-
Ronickkammal ...Appellant
-Vs-
... Respondents
(R4 to R7 were brought on record as legal representatives of the deceased first respondent vide order, dated 25.02.2023 in M.P(MD)Nos.1 to 3 of 2012.)
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 30.10.2006 passed in A.S.No.60 of 2004 by the learned Subordinate Judge, Kuzhithurai, reversing the judgment and decree in O.S.No.597 of 1994, dated 24.06.2004 passed by the II Additional District Munsif, Kuzhithurai.
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S.A.(MD)Nos.278 and 279 of 2009
For Appellant : Mrs.J.Anandhavalli R1 :Died For R2 : Mr.T.Antony Arulraj For R3 :Mr.B.Christoper For R4 to R7 :Mr.C.Rajkumar ****
COMMON JUDGMENT
When the matter is taken up for hearing, the learned Counsel appearing for the appellant in both the Second Appeals submitted that the letter written to the sole appellant was returned with an endorsement “deceased”.
2.Since the legal representatives of the deceased sole appellant failed to come forward to file an application to bring them on record, the Second Appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
06.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cmr
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S.A.(MD)Nos.278 and 279 of 2009
To
1.The Subordinate Judge, Kuzhithurai.
2.The II Additional District Munsif, Kuzhithurai.
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD)Nos.278 and 279 of 2009
S.SOUNTHAR, J.
cmr
S.A.(MD)Nos.278 and 279 of 2009
06.06.2024
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1 provisions across 1 enactments
Abraham
Mariadhas (Died)
Renjitham
Muthatchi
Vincent
Erose
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
