Ramakrishnan v. Mary Graceraj
Case brief
What is this about?
Second Appeal S.A.(MD)No.817 of 2005, Madurai Bench of Madras High Court, V. Sivagnanam J., decided 20.01.2025 — appeal dismissed as abated; sole appellant Ramakrishnan and third respondent Jothi Mani died with no legal representatives substituted within the limitation period; no costs; connected miscellaneous petitions C.M.P.(MD)No.5304 of 2005 and M.P(MD)No.1 of 2006 closed; arises out of O.S.No.51 of 2002 (District Munsif, Paramakudi, Ramanathapuram District) and A.S.No.82 of 2004 (Principal District Judge, Ramanathapuram, decree dated 03.12.2004 reversing trial decree dated 11.04.2003); Section 100 of the Civil Procedure Code; abatement of appeal; no substantive findings on the underlying property/suit dispute.
What did the court decide?
Recording the counsel's submissions that the sole appellant had died long back and that R3 had also died with no steps taken within limitation, the Court dismissed the Second Appeal as abated.