Second Appeal was dismissed as abated because the appellants and their legal representatives died, leaving no further contact from the family to prosecute the matter.
The Second Appeal was dismissed as abated. No 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.No.916 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2025
CORAM :
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
S.A. No.916 of 2009
D.Ramasamy (Deceased)
Murugesan (Deceased)
Page 1 of 5
S.A.No.916 of 2009
Appellant vide order of Court dated 10.03.2023 made in CMP.No.3544, 3547, 3549/2023 in S.A.No.916/2009) ... Appellants
S.A.No.916/2009) ... Appellants Vs. A.Mariappan ...Respondent
PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure against the Judgment and Decree of the learned Second Additional Subordinate Judge, Coimbatore passed on 16.02.2008 in A.S.No.104 of 2007 which reversed the Judgment and Decree passed in O.S.No.478 of 1995 on 17.04.2007 by the III Additional District Munsif, Coimbatore.
For Appellants : Mr.V.Sivakumar for Appellants 1 & 3 For Respondent : No Appearance
JUDGMENT
This Second Appeal has been filed to set aside the Judgment and Decree of the learned Second Additional Subordinate Judge, Coimbatore passed on 16.02.2008 in A.S.No.104 of 2007 which was reversed the Judgment and Decree passed in O.S.No.478 of 1995 on 17.04.2007 by the III Additional District Munsif, Coimbatore.
Page 2 of 5
S.A.No.916 of 2009
Appellant submits that the Appellant died. Subsequently, the Legal Representatives of the Appellant were impleaded. The impleaded Legal Representatives are also died. There is no further contact from the family of the Appellants.
In the light of the above submission made by the learned Counsel for the Appellant, this Second Appeal is dismissed as abated . No costs.
15.04.2025
Index:Yes/No Internet: Yes/No Speaking order/Non-speaking order dh
To
Page 3 of 5
S.A.No.916 of 2009
SATHI KUMAR SUKUMARA KURUP.J.,
dh
S.A. No.916 of 2009
Page 4 of 5
S.A.No.916 of 2009
15.04.2025
Page 5 of 5
1 issue framed by the court
Whether the Second Appeal can be maintained when the appellants and their legal representatives are dead with no further contact from the family.
1 provisions across 1 enactments
D.Ramasamy (Deceased) vs. Others
Murugesan (Deceased) vs. Others
A.Mariappan
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
