Dismissed¶25

N.Jeevanesan v. Chelliah @ Govindan Chettiar

Madras HC21 Jan 2025SA(MD)/986/2005

Case brief

AI extract

What is this about?

Abatement of second appeal; death of Respondents 1 and 2; failure to substitute legal heirs within limitation period; appeal and connected C.M.P.(MD)s dismissed as abated; S.A.(MD)No.986 of 2005; Madras High Court, Madurai Bench; Section 100 Civil Procedure Code; arises from A.S.No.159 of 2001 (I Additional Sub Court, Madurai) and O.S.No.707 of 1994 (District Munsif Court, Tirumangalam); V. Sivagnanam J.; decided 21.01.2025.

What did the court decide?

Since Respondents 1 and 2 had died and steps were not taken within the stipulated period of limitation, the Second Appeal is dismissed as abated, and consequently the connected miscellaneous petitions (C.M.P(MD)Nos.10369, 10372, 10373 and 10375 of 2023 and 6347 of 2005) are also dismissed, with no costs. ¶25

N.Jeevanesan Vs Chelliah @ Govindan Chettiar — Madras HC (2025) — LawSathi Research

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S.A.(MD)No.986 of 2005

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.01.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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S.A.(MD)No.986 of 2005 and

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C.M.P(MD)Nos.10369, 10372, 10373 and 10375 of 2023 and 6347 of 2005

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M.Jeevanesan ...1^st Plaintiff/Appellant/Appellant

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-Vs-

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1.Chelliah @ Govindan Chettiar 2.V.Sethuraman Chettiar

3.Vasantha

4.Rajasabai

5.Kannan Sirsabai

6.Mala Sundarmani

7.Selvi Priya (R3 to R7 Given up notice need

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not sent to them) ...Defendants 1 and 2 and Plaintiffs 3 to 7/ Respondents/Respondents

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Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 17.09.2004 made in A.S.No.159 of 2001 on the file of the I Additional Sub Court, Madurai confirming the Judgment and Decree, dated 26.06.2001 made in O.S.No.707 of 1994 on the file of the District Munsif Court, Tirumangalam.

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For Appellant : Mr.PT.S.Narendravasan

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For Respondents : No appearance * * * * *

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https://www.mhc.tn.gov.in/judis Page 1 of 4

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S.A.(MD)No.986 of 2005

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JUDGMENT

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This Second Appeal has been filed against the Judgment and Decree dated 17.09.2004 made in A.S.No.159 of 2001 on the file of the I Additional Sub Court, Madurai confirming the Judgment and Decree, dated 26.06.2001 made in O.S.No.707 of 1994 on the file of the District Munsif Court, Tirumangalam.

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2.On perusal of records, it is noticed that the first respondent is died and the second respondent is also died and steps have not been taken. R2 is also died and steps have not been taken within the period of limitation as stipulated.

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3.In view of the above, this Second Appeal is dismissed as abated. Consequently, connected miscellaneous petitions are also dismissed. No costs.

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21.01.2025

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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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Page 2 of 4

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S.A.(MD)No.986 of 2005