K.L.Sinnu Reddy vs K.L.Siddu Reddy
2022 Latest Caselaw 15329 Mad

                                                                                  S.A.No.71 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 14.09.2022

                                                        CORAM

                                     THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                                  S.A.No.71 of 2022
                                         and C.M.P.Nos.7785 and 9252 of 2022


                     K.L.Sinnu Reddy                                          .. Appellant

                                                          -Vs.-

                     1.K.L.Siddu Reddy
                     2.S.K.P.Muruagan                                         .. Respondents

                     Prayer: Second Appeal is filed under Section 100 of C.P.C., against the
                     Judgment and decree dated 15/03/2021 passed in A.S.No.60 of 2015, on the
                     file of the Sub-Judge, Bhavani, Erode District, confirming the Judgment and
                     Decree dated 04/01/2014, passed in O.S.No.433 of 2010 on the file of the
                     Principal District Munsif's Court Bhavani, Erode District.


                                    For Appellant      : Mr.M.Santhanamari

                                    For Respondents : Mr.V.Lakshminarayanan
                                                      for Mr.R.Jeyaram for R1
                                                       Mr.N.Manokaran for R2




https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.71 of 2022

                                                           JUDGMENT

When the matter is taken up for hearing today, it is pointed out by the

learned counsel appearing for the respondents that this second appeal has

been filed against a dead person. It is also informed that a connected Second

Appeal in S.A.No.469 of 2019 filed by the very same appellant is pending.

The appellant had died on 06.05.2021 and the present second appeal has

been numbered on 23.12.2021 after the death of the appellant. Therefore,

the learned counsel for the appellant ought to have filed the appeal with a

petition to accept the cause title. Ultimately, the learned counsel was kept

informed about the same and as a result, the appeal has been filed in the

name of the dead person. Once the mistake is pointed out in the form of

C.M.P.No.9252 of 2022, namely, to dismiss the second appeal, steps have

been taken to bring on record the legal representatives of the deceased

appellant, such a petition is not maintainable. If the death has occurred even

before the filing of the appeal and the appellant ought to have taken out a

petition to accept the cause title, the learned counsel for the appellant seeks

permission of this Court to withdraw the second appeal seeking liberty to

file a second appeal with the condone delay petition.

https://www.mhc.tn.gov.in/judis S.A.No.71 of 2022

2. Considering the fact that the connected S.A.No.469 of 2019 is

also pending, the request made by the learned counsel for the appellant is

granted. Therefore, the second appeal is dismissed as withdrawn granting

liberty to the appellant to file a fresh Second Appeal with the condone delay

petition. No costs. Consequently, connected miscellaneous petitions are

closed.

14.09.2022

To

1. The Sub-Judge, Bhavani, Erode District.

2. The Principal District Munsif Court, Bhavani, Erode District.

https://www.mhc.tn.gov.in/judis S.A.No.71 of 2022

P.T.ASHA, J.,

srn

S.A.No.71 of 2022 and C.M.P.Nos.7785 and 9252 of 2022

14.09.2022

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