Disposed¶19

Ramaswami Gounder v. S.Ramaswami Gounder

Madras HC28 Apr 2025SA/566/1999

Case brief

AI extract

What is this about?

Abatement of second appeals (Section 100 CPC, 1908) due to death of parties and failure to implead legal heirs; Madras High Court judgment dated 28.03.2022 by Justice R. Hemalatha in S.A.Nos. 566 & 567 of 1999; parties Ramaswami Gounder, Muthusamy, Ramasamy vs. Chinnaswami Gounder, S.Ramaswami Gounder (Died), R.Nallammal, R.Deivasigamani, S.Jayalakshmi; underlying litigation: A.S. Nos.46 & 45 of 1994 (Sub Court, Erode, 31.08.1994) over O.S. Nos.1143 of 1991 & 456 of 1984 (II Additional District Munsif Court, Erode, 04.02.1994); relevant CMPs: 529-531/2015 and 532-534/2015; useful for consequences of non-substitution of legal representatives in pending appeals.

What did the court decide?

No substantive relief decided; both Second Appeals stood abated, with no costs. ¶19

Ramaswami Gounder Vs S.Ramaswami Gounder — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :28.03.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE R. HEMALATHA

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S.A.Nos. 566 & 567 of 1999

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Ramaswami Gounder ... Appellant/Appellant/Defendant in S.A.No.566 of 1999 1.Muthusamy 2.Ramasamy ... Appellants/Appellants/Plaintiffs in S.A.No.567 of 1999 Vs.

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1.S.Ramaswami Gounder (Died) 2.R.Nallammal 3.R.Deivasigamani 4.S.Jayalakshmi ... Respondents in S.A.No.566 of 1999

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(RR2 to 4 brought on record as LRs of the deceased first respondent viz., S.Ramaswami Gounder vide order of Court dated 25.01.2021 made in C.M.P.No.529 to 531/2015 in S.A.No.566 & 567/1999)

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1.Chinnaswami Gounder 2.S.Ramaswami Gounder (Died) 3.R.Nallammal 4.R.Deivasigamani 5.S.Jayalakshmi ... Respondents in S.A.No.567 of 1999

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(RR3 to 5 brought on record as LRs of the deceased second respondent viz., S.Ramaswami Gounder vide order of Court dated 25.01.2021 made in C.M.P.No.532 to 534/2015 in S.A.No.566 & 567/1999)

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Common Prayers: Second Appeals filed under Section 100 CPC, 1908 against the decree and judgment dated 31.08.1994 in A.S. Nos.46 & 45 of 1994, on the file of the Sub Court, Erode, upholding the decree and judgment dated 04.02.1994, in O.S. Nos.1143 of 1991 & 456 of 1984, on the file of the II Additional District Munsif Court, Erode.

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https://hcservices.ecourts.gov.in/hcservices/

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S.A.No.566 of 1999 :

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For Appellant : Mr.Muthumani Doraiswamy For R3 : Ms.P.T.Ramadevi

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S.A.No.567 of 1999 :

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For Appellants : Mr.Muthumani Doraiswamy For R4 : Ms.P.T.Ramadevi

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COMMON JUDGMENT

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It is seen from the records that the second respondent in S.A.No.566 of 1999 and first appellant & third respondent in S.A.No.567 of 199 9 died long back and till date no steps have been taken to implead the legal heirs of the deceased appellant and respondents in both the appeals.

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2.In view of the above, the Second Appeals stands abated. No costs.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

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