Dismissed¶27

Shanmuganathan(Died) v. Alagar(Died)

Madras HC28 Jan 2025SA(MD)/948/2005

Case brief

AI extract

What is this about?

S.A.(MD)No.948 of 2005; C.M.P(MD)No.6096 of 2005; Madurai Bench of Madras High Court; Justice V. Sivagnanam; decided 28.01.2025; dismissal of second appeal as abated; death of second appellant; death of sole respondent; no steps taken within period of limitation; abatement; Section 100 Civil Procedure Code; A.S.No.35 of 2001 Sub Court Aruppukottai; O.S.No.128 of 1983 District Munsif Court Aruppukottai; no costs; connected miscellaneous petition closed; Shanmuganathan; Alagar; Vellaichamy.

What did the court decide?

With the appellant side reporting the death of the second appellant and the respondent side reporting the death of the sole respondent, in each case without steps having been taken within the stipulated period of limitation, this Court dismissed the Second Appeal as abated and awarded no costs. ¶27

Shanmuganathan(Died) Vs Alagar(Died) — Madras HC (2025) — LawSathi Research

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S.A.(MD)No.948 of 2005

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.01.2025

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CORAM

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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S.A.(MD)No.948 of 2005 and C.M.P(MD)No.6096 of 2005

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Shanmuganathan (died)

1.Dhamayandhi

2.Ganapathy

3.Subramaniam

4.Nallammal

5.Mani

6.Kannan

...LR's of 2^nd Defendant/Appellant 2 to 7/Appellants

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-Vs-

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Alagar (Died) Vellaichamy ...Plaintiff/2^nd Respondent/Respondent

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Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 25.04.2005 made in A.S.No.35 of 2001 on the file of the Sub Court, Aruppukottai, confirming the Judgment and Decree, dated 01.10.1985 made in O.S.No.128 of 1983 on the file of the District Munsif Court, Aruppukottai.

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For Appellants : Mr.K.M.Vijaiya Kumar

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For Respondent : Mr.S.Parthasarathy

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https://www.mhc.tn.gov.in/judis

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S.A.(MD)No.948 of 2005

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JUDGMENT

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This Second Appeal has been filed against the Judgment and Decree, dated 25.04.2005 made in A.S.No.35 of 2001 on the file of the Sub Court, Aruppukottai, confirming the Judgment and Decree, dated 01.10.1985 made in O.S.No.128 of 1983 on the file of the District Munsif Court, Aruppukottai.

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2.When the matter is taken up for hearing, the learned Counsel appearing for the appellants submits that the second appellant died and no steps have been taken within the period of limitation as stipulated.

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3.The learned Counsel appearing for the respondent submits that the sole respondent died and no steps have been taken within the period of limitation as stipulated.

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4.In view of the above, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is also closed.

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28.01.2025

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NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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https://www.mhc.tn.gov.in/judis

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S.A.(MD)No.948 of 2005

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