The Madurai bench of the Madras High Court dismissed a second appeal filed under Section 100 of the Civil Procedure Code as abated, following the death of the sole appellant who had not authorized legal heirs to proceed.
The second appeal is dismissed as abated with 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.837 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.837 of 2008
Radhamony ... Plaintiff/Appellant Appellant
Vs.
The State of Tamil Nadu, Represented by the District Collector, Kanyakumari District, Nagercoil. ... Defendant/Respondent Respondent
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.173 of 2004, dated 07.12.2005 on the file of the Subordinate Judge, Padmanabhapuram, confirming the judgment and decree in O.S.No.22 of 2002, dated 08.10.2004 on the file of the Additional District Munsif, Padmanabhapuram.
For Appellant : Mr.K.Sreekumaran Nair For Respondent : Mr.S.R.A.Ramachandran Additional Government Pleader
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S.A(MD)No.837 of 2008
JUDGMENT
It is seen from the records, death of sole appellant was reported to
this Court on 10.06.2024. When the Second Appeal is taken up for hearing today, the learned Counsel for the appellant submits that he has not received any instruction from the legal heirs of the deceased sole appellant for taking necessary steps.
2. Recording the same, this Second Appeal stands dismissed as
abated. There shall be no order as to costs.
02.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
3.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.
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S.A(MD)No.837 of 2008
S.SOUNTHAR, J.
BTR
Judgment made in S.A(MD)No.837 of 2008
Dated: 02.07.2024
1 provisions across 1 enactments
Radhamony
The State of Tamil Nadu
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
