Mrs.Ponnammal vs Ponniah Nadar
2024 Latest Caselaw 8593 Mad

Madras High Court

Mrs.Ponnammal vs Ponniah Nadar on 5 June, 2024

                                                                             S.A.(MD)No.1047 of 2005


                       BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

                                               DATED: 05.06.2024

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                            S.A.(MD)No.1047 of 2005

                     1.Mrs.Ponnammal
                     2.Mrs.Selvakani Ammal
                     3.Mrs.Chidambaram Ammal
                     4.Mrs.Suyambu Kani
                     5.Mrs.Alagammal                                             ... Appellants

                                                         Vs

                     1.Ponniah Nadar
                     2.Srinivasan
                     3.Mohamed Ali
                     4.Arumugam
                     5.Narayana Nadar
                     6.Subbiah
                     7.Sivananainda Perumal                                      ... Respondents


                     PRAYER: Second Appeal filed under Section 100 of C.P.C. against the
                     judgment and decree of the II Additional Subordinate Judge, Tirunelveli
                     dated 13.02.2004 in A.S.No.168/2002 by dismissing the appeal and
                     confirming the decree and judgment made in O.S.No.415/1995 dated
                     02.07.2002 on the file of the District Munsif, Valliyoor.
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                     1/4
                                                                                  S.A.(MD)No.1047 of 2005


                                        For Appellants           : Mr.V.Shathurthi Raja for
                                                                   Mr.S.Natesh Raja

                                        For Respondents         : Mr.M.P.Senthil for
                                                           Mr.G.Prabhu Rajadurai for R4, R5 and
                     R7
                                                                   R1 to R3 and R6 - Died



                                                          JUDGMENT

The Second Appeal is arising out of a suit for partition. It is seen

from the records that the appellants 1, 3 and 5 are no more. Though the

death of the appellants 1, 3 and 5 was recorded as early as on 26.04.2024,

till date no steps have been taken to bring on record the legal

representatives of the deceased appellants. Therefore, the Second Appeal

is abated in respect of appellants 1, 3 and 5. When the Second Appeal is

abated against some of the sharers, the decree for partition passed by the

Courts below attained finality as against those sharers. Hence, the appeal

cannot be proceeded by other appellants and whole Second Appeal is

deemed to be abated.

2. The learned counsel for the appellants submitted that he is

unable to get any instructions from the surviving appellants and hence,

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

reporting 'no instructions'. He has also made an endorsement to that

effect in the Court bundle. Recording the same, the Second Appeal is

dismissed as abated. There shall be no order as to costs.

                                                                                     05.06.2024

                     vsm
                     NCC          : Yes / No
                     Index        : Yes / No



                     To

1.Additional Subordinate Judge, Tirunelveli.

2.The District Munsif, Valliyoor.

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

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

S.SOUNTHAR, J.

vsm

05.06.2024

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