K.Thankappan(Died) vs Joseph
2022 Latest Caselaw 80 Mad

                                                                             S.A.No.1871 of 2002



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 03.01.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                              S.A.No.1871 of 2002
                                                      and
                                              M.P(MD)No.1 of 2014


                     1.K.Thankappan(Died)
                     2.Kumari
                     3.Vidhyasagar
                     4.Lekshmi Prasha
                     5.Manikandan                                            ... Appellants
                       (Appellants 2 to 5 are brought on record as
                       legal heirs of the deceased sole appellant, vide
                       order of Court, dated 15.02.2008, made in
                       M.P.No.1 of 2007 in S.A.No.1871 of 2002.)

                                                         Vs.
                     1.Joseph
                     2.Leelamma
                     3.Thankammal
                     4.Elias
                     5.Pushpam
                     6.Balamma
                     7.Dhas
                     8.Thangabai                                          ... Respondents

                     PRAYER : Second Appeal filed under Section 100 of the Civil
                     Procedure Code, against the common judgments and separate decrees in

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.1871 of 2002

                     A.S.No.74 of 1999 and A.S.No.71 of 1999, dated 14.12.2001, on the file
                     of the Subordinate Judge, Kuzhithurai pursuant to the judgment and
                     decree made in O.S.No.111 of 1986 dated 29.09.1999 on the file of the
                     Principal District Munsif, Kuzhithurai.


                                         For Appellants     : Mr.K.Sreekumaran nair
                                         For Respondent     : Mrs.J.Anandhavalli
                                                              for R1
                                                              Mr.M.Saravanan
                                                              for R2


                                                          JUDGMENT

The learned counsel for the first respondent has served a letter on

the counsel for the appellant on 28.02.2017, informing the fact that the

first respondent had passed away on 06.01.2016. The said copy of the

letter has been annexed to a Memo and the Memo has been filed into the

Court on 03.12.2021.

2. The learned counsel for the appellants submits no instructions.

The legal heirs of the appellants are not responding for taking steps to

implead the legal heirs of the deceased first respondent. The second

appeal arises out of the suit for partition. Since, the first respondent is

https://www.mhc.tn.gov.in/judis S.A.No.1871 of 2002

necessary party to a partition suit, any abatement as against the first

respondent will result in the abatement of the whole of the appeal.

Hence, the Second Appeal is dismissed as abated. Consequently,

connected Miscellaneous Petition is closed. No costs.

                                                                         03.01.2022


                     Index        :     Yes / No
                     Internet     :     Yes / No
                     gbg

                     Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Subordinate Judge, Kuzhithurai.

2.The Principal District Munsif, Kuzhithurai.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1871 of 2002

R.VIJAYAKUMAR ,J.

gbg

Order made in S.A.No.1871 of 2002

Dated:

03.01.2022

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