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Azeez Vs the Tamilnadu Government — Civil Procedure and Limitation | Madras HC (2024)

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Azeez Vs the Tamilnadu GovernmentAzeez v. the Tamilnadu Government

Dismissed

Azeez v. the Tamilnadu Government

Madras HC24 Apr 2024SA(MD)/330/2009

Case brief

AI extract

What is this about?

No order. This Second Appeal was dismissed as it had abated since the appellant died and no legal representatives were brought on record.

What the court decided

AI extract

A

S.A(MD)No.330 of 2009

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

S.A(MD)No.330 of 2009 and M.P(MD) No.1 of 2009

Azeez

...Appellant

-Vs-

1.The Tamil Nadu Government, Through its District Collector, Collectorate Complex, Mandapam Road, Ramanathapuram.

2.The Sub Collector, Paramakudi, Sub Collector's Office, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur, Tahsildar Office, Paramakudi, Ramanathapuram District.

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure CodeSection 100

Parties & counsel

AI extract

appellant
Azeez
respondent
The Tamil Nadu Government, Through its District Collector, Collectorate Complex, Mandapam Road, Ramanathapuram
respondent
Vellaichamy

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Apr 2024 · April
Registered: 8 May 2009
Case no.: SA(MD)/330/2009

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Cite this judgement

Azeez v. the Tamilnadu Government, SA(MD)/330/2009 (MAD), decided on 24 April 2024.

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

Statutes1

Civil Procedure CodeSection 100

View all statutes

Bench / Coram

S. Sounthar

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

No substantive legal proposition. This court dismissed the Second Appeal as abated because the sole appellant had died and no legal representatives were brought on record to continue the litigation.

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.

1/5

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

4.The Executive Officer, Mudukulathur Town Panchayat, Panchayat Office, Mudukulathurt, Ramanathapuram District.

S.A(MD)No.330 of 2009

5.R.Udhayachandran Collector, Collector's Office, Erode. Now presently posted as Managing Director, Tamil Nadu Corporation for Development of Women, No.100, Anna Salai, Guindy, Chennai-600 032.

6.Vellaichamy ... Respondents

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 29.01.2009 passed in A.S.No.13 of 2007 on the file of Additional District and Sessions Judge(Fast Track Court), Ramanathapuram, confirming the judgment and decree dated 16.02.2007 passed in O.S.No.129 of 2001 on the file of Subordinate Court, Paramakudi.

For Appellant : No appearance

2/5

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

S.A(MD)No.330 of 2009

For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R4 : Mr.Arunachalam For R5 : Mr.W.Pamelin For R6 : Mr.S.Viswalingam

JUDGMENT

It is seen from the records that the death of the sole appellant was recorded by this Court by order dated 06.10.2021. Till date, no steps have been taken to bring on record the legal representatives of the deceased sole appellant.

Today, when the second appeal is taken up for hearing, there is no representation for the appellant in the forenoon as well as in the afternoon.

Hence, this Second Appeal is dismissed as abated. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

23.04.2024

NCC : Yes / No Index : Yes / No Internet : Yes / No cp

3/5

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

To

S.A(MD)No.330 of 2009

1.The Additional District and Sessions Judge(Fast Track Court), Ramanathapuram.

2.The Subordinate Judge, Paramakudi.

3.The Record Keeper,

V.R.Section, Madurai Bench of Madras High Court, Madurai.

4/5

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

S.A(MD)No.330 of 2009

S.SOUNTHAR, J.

cp

S.A(MD)No.330 of 2009

24.04.2024

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

5/5

S. Sounthar

CNR

HCMD010009322009

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS ABATED

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