Parvathi Ammal vs Rajammal
2023 Latest Caselaw 4388 Mad

                                                                           S.A.No.145 of 2008


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 18.04.2023

                                                     CORAM:

                       THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN

                                           Second Appeal No.145 of 2008

                     Parvathi Ammal                                          .. Appellant


                                                         Vs.
                     1.Rajammal

                     2.Unnamalai Ammal
                     W/o. Shanmugam

                     3.Unnamalai Ammal
                     W/o.Narayanan

                     4.Kanthiyammal

                     5.Minor Kamalrajan                                      .. Respondents
                     (R5 minor represented by guardian
                     and mother Kanthiyammal)


                     Prayer: Second Appeal is filed under Section 100 of Civil Procedure

                     Code against the judgment and decree dated 08.07.2002 made in

                     A.S.No.48 of 1997 on the file of the Principal District Court, Vellore

                     Vellore District, as confirmed in O.S.No.30 of 1986 on the file of the Sub

                     Court, Tirupathur.

https://www.mhc.tn.gov.in/judis
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                                                                               S.A.No.145 of 2008

                                       For Appellant     : Mr.A.P.Venkataraman

                                       For R1            : Mr.K.R.A.Muthukrishnan

                                       For R2 & R3       : No appearance

                                       R4                : Dismissed on 14.12.2022

                                       R5                : Minor represented by R4

                                                       JUDGMENT

The matter was listed on 14.03.2023 and yet again on 28.03.2023

and finally today on 18.04.2023. On all these days, learned counsel for

the appellant was absent. The records reveal that my learned sister Justice

Ms. P.T.ASHA had dismissed the appeal as against the 4th respondent on

14.12.2022. I adjourned the matter on several occasions to enable the

counsel for the appellant to take steps to restore the appeal against the 4th

respondent. In a suit for partition, the decree being joint, if the appeal is

dismissed against one appellant or respondent, the appeal has to fail with

respect to all the parties. Being left with no other option, this Second

Appeal is dismissed as the appeal has already been dismissed as against

the 4th respondent. No costs.

                                                                                      18.04.2023
                     Index            : Yes / No
                     Neutral Citation : Yes / No
                     kj

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

S.A.No.145 of 2008

V.LAKSHMINARAYANAN,J.

Kj

To

The Record Keeper V.R. Section High Court, Chennai.

Second Appeal No.145 of 2008

18.04.2023

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