C.Krishnakumar vs Kohinoor Financiers & Chits
2021 Latest Caselaw 11062 Mad

                                                                           S.A.(MD)No.158 of 2012

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 29.04.2021

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               S.A.(MD)No.158 of 2012
                                                        and
                                                M.P.(MD)No.1 of 2012

                   C.Krishnakumar                                          ... Appellant
                                                     -Vs-


                   1.Kohinoor Financiers & Chits,
                      Karur, Rep. by its Partner A.R.Shiek Dawood,
                      S/o.Abdul Rahimaan,
                      326/6, Jawahar Bazaar,
                      Karur.


                   2.V.P.Balasubramani                                    ...Respondents


                   PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure
                   Code, against the Judgment and Decree dated 20.07.2011 made in A.S.No.9
                   of 2010 on the file of the Principal Subordinate Judge, Karur, reversing the
                   Judgment and Decree dated 09.11.2009 made in O.S.No.705 of 2007 on the
                   file of the Principal District Munsif Court, Karur.
                                      For Appellants        : Mr.P.Rajagopalan
                                      For R1                : Mr.K.Govindarajan
                                      For R2                : Mr.G.Sridharan


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


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                                                                            S.A.(MD)No.158 of 2012



                                                     JUDGMENT

The second defendant in O.S.No.705 of 2007 on the file of the

Principal District Munsif, Karur is the appellant in the second appeal. The

suit was instituted by the first respondent firm. The suit was dismissed as

against the first defendant.

2.When the matter was taken up for final hearing, the learned counsel

for the respondents submitted that the main partner Thiru.A.R.Shiek

Dawood who represented the plaintiff firm had passed away. The learned

counsel for the first respondent is unable to give further details such as date

of demise, the persons who stepped into his shoes as his representatives etc.

Therefore, the appellant is not in a position to take steps to bring the legal

heirs of A.R.Shiek Dawood on record. Hence, the second appeal is

dismissed as having abated. However, I must protect the rights of the

appellant also. Since the second appeal is dismissed as abated, the decree

passed against the appellant remains on record. If the said decree is sought

to be enforced in future by the persons who step into the shoes of A.K.Shiek

Dawood, then, the appellant will have the liberty to move this Court again

for setting aside the abatement. I have no doubt that any such application if

filed by the appellant will be allowed and the second appeal will be

disposed of on merits.

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

S.A.(MD)No.158 of 2012

3.With this observation and liberty, the second appeal is dismissed as

abated. No costs. Consequently, connected miscellaneous petition is

closed.

29.04.2021

Internet : Yes/No Index : Yes/No rmi

To

1.The Principal District Munsif Court, Karur.

2.The Principal Subordinate Judge, Karur.

3.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A.(MD)No.158 of 2012

G.R.SWAMINATHAN, J.

rmi

Judgment made in S.A.(MD)No.158 of 2012 and M.P.(MD)No.1 of 2012

29.04.2021

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