This is a second appeal where it was submitted that the respondent had died and no steps were taken by the appellants subsequently. The court held that the appeal automatically abated due to the death of the respondent and dismissed the appeal with no costs.
The second appeal was dismissed as abated; no costs awarded.
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.796 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
S.A.(MD).No.796 of 2009
1.Ramarasu 2.Pandian ... Appellants/Appellants/Plaintiffs Vs.
Anjalai (Died) Ramalingam ... Respondent/2nd Respondent/2nd Defendant
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 16.06.2008 in A.S.No.79 of 2003 on the file of the Additional District Court / Fast
Track Court, Pudukkottai, confirming the Judgment and Decree in O.S.No.2068 of 1989 dated 22.07.2003, on the file of the Principal District Munsif, Pudukkottai.
For Appellant : Mr.N.Balakrishnan
JUDGMENT
It was submitted before this Court on 11.08.2014 itself that the
respondent is dead. After that steps is not filed. So automatically the appeal got abated. in view of the same, this second appeal is dismissed as 1/3
S.A.(MD).No.796 of 2009
abated. No costs.
25.11.2024 Index : Yes / No Internet : Yes / No TM To
1.The Additional District Court / Fast Track Court, Pudukkottai. 2.The Principal District Munsif, Pudukkottai.
3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
2/3
S.A.(MD).No.796 of 2009
G.ILANGOVAN ,J.
TM
S.A.(MD).No.796 of 2009
25.11.2024
3/3
2 issues framed by the court
Whether the second appeal which was filed subsequently to the death of the respondent is liable to be dismissed as abated.
Whether any steps taken to revive the abated appeal were considered by the court.
1 provisions across 1 enactments
Ramarasu
Pandian
Anjalai (Died) Ramalingam
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
