Kalidas Fomra v. Padamchand Jain
Case brief
What is this about?
Madras High Court common judgment dated 10.02.2025 by S.S. Sundar J. dismissing Second Appeal Nos. 995 & 996 of 2008 (Kalidas Fomra v. Padamchand Jain, Santoshlatha Jain and Arulmigu Sitharasamy Devar Veerabadrasamy Temple, Angadu, Thiruvallur) as abated: sole appellant dead, legal heirs not impleaded despite exchange of particulars, no appearance for appellants at hearing; challenges under Section 100 CPC to the concurrent findings in O.S.Nos.918 of 1995 and 8600 of 1996 (VII Assistant City Civil Judge, Chennai) affirmed in A.S.Nos.41/2007 and 37/2007 by the III Addl. City Civil Judge, Chennai; no costs; connected miscellaneous petitions closed; no substantive adjudication of the underlying dispute.
What did the court decide?
Having regard to the death of the appellant and the failure to implead his legal heirs even after exchange of information among the parties with necessary particulars, it would not be appropriate to keep the second appeals pending.