R.Rengadurai vs Ramasami Iyengar ... 1St
2023 Latest Caselaw 775 Mad

                                                                                     S.A.No.984 of 2001



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 19.01.2023

                                                       CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                                  S.A.No.984 of 2001

                     R.Rengadurai                           ... Appellant/Appellant/Plaintiff

                                                           Vs

                     1.Ramasami Iyengar                     ... 1st Respondent/2nd Respondent/
                                                                2nd Defendant
                     2.Govindarajan
                     3.Sampath Krishnan
                     4.Jegannathan
                     5.Rengamma
                     6.Jeyaletchumi                         ... Respondents 2 to 6/
                                                                Respondents 3 to 7/LRs of D1
                     7.S.R.Janakavalli (Did)
                     8.S.R.Rangarajan
                     9.S.Rajagopalan (Died)                 ... Respondents 7 to 9/
                                                                Respondents 8 to 10/Nil

                     [R7 died and R8, who is already on record was
                     recorded as LR of deceased R7 vide order dated
                     04.04.2018 in S.A.No.984 of 2001]

                     10.R.Saroja

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                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                         S.A.No.984 of 2001



                     11.R.Mythily
                     12.R.Vijayarani
                     13.R.Sundarakannan
                     14.R.Renganayakki                                 ... Respondents 10 to 14

                     [RR10 to 14 were brought on record as LRs of the deceased
                     9th respondent vide order dated 24.01.2020 made in C.M.P.
                     (MD) Nos.11417 to 11419 of 2018 in S.A.No.984 of 2001]


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside
                     the judgment and decree dated 22.07.1999 made in A.S.No.179 of 1991 on
                     the file of the I Additional District Judge cum Chief Judicial Magistrate,
                     Trichirappali, confirming the judgment and decree dated 18.06.1990 made
                     in O.S.No.23 of 1983 on the file of the I Additional Sub Judge,
                     Trichirappalli.

                                        For Appellant      :     Mr.K.Govindarajan

                                        For RR2 to 4, 6 & 8:     Mr.T.R.Rajaraman

                                        For RR11 to 14     :     Mr.K.Prabhakar


                                                         JUDGMENT

It is seen from the records that the sole appellant, respondents 5 and

10 are no more. The second appeal is arising out of a suit for partition. If

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https://www.mhc.tn.gov.in/judis S.A.No.984 of 2001

the second appeal abates as against some of the sharers, then the whole

appeal has to be dismissed as abated. By recording the death of the sole

appellant and respondents 5 and 10, this Second Appeal is dismissed as

abated. However, there shall be no order as to costs.

19.01.2023 NCC : Yes/No Index:Yes/No Internet:Yes

abr

To

1.The I Additional District Judge cum Chief Judicial Magistrate, Trichirappali.

2.The I Additional Sub Judge, Trichirappalli.

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

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https://www.mhc.tn.gov.in/judis S.A.No.984 of 2001

S.SOUNTHAR, J.

abr

S.A.No.984 of 2001

19.01.2023

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