Erappa v. Narayanaswaami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A.Nos.852 of 2005 and 1129 of 2005 and CMP Nos.11967 of 2005 and 15539 of 2005 Earappa ...Appellant in both S.A.s vs.

1.Narayanaswami 2.Gullappa @ V. Venkatesappa 3.K.Mohamed Yousuf 4.Rabia Bi 5.Mahaboob Bi 6.Mohammed Basheer 7.Abdul Samad 8.Kursheed Bi 9.Shaheesh 10.Va.Goopaliappa 11.Venkataramaiah 12.Pilakka 13.Munirathnamma 14.Venkatesh 15.Rama 16.Lalitha

...Respondents in

S.A. No.852 of 2005 1.Commissioner, Panchayat Union Council, Soolagiri, Hosur Taluk.

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2.Yousuf Sahib

...Respondents in

S.A. No.1129 of 2005 Prayer in S.A No.852 of 2005: Second Appeal filed under Section 100 of C.P.C., against the Decree and Judgment of the Court of the Subordinate Judge, Hosur, made in A.S.No.17 of 2001 dated 24.2.2004, confirming the Decree and Judgment of the Court of the District Munsif, Hosur, made in O. S.No.456 of 1986 dated 19.2.2001. Prayer in S.A No.1129 of 2005: Second Appeal filed under Section 100 of C.P.C. against the Decree and Judgment of the Court of the Subordinate Judge, Hosur, made in A.S.No.21 of 2001 dated 24.2.2004, in partly allowing the appeal and confirming the Decree and Judgment of the Court of the District Munsif, made in O.S.No.402 of 1985 dated 19.2.2001.

For Appellant in both S.A.s :

Mr.M.V.Krishnan For Respondents in SA No.852 of 2005 :

Mr.V.Nicholas for R1, 3, 5 to 7 R2, 10 to 16 - given up Not ready in Notice reg.R4, R8 & R9 For Respondents in SA No.1129 of 2005 :

No appearance for R1 Mr.V. Nicholas for R2 2/5

COMMON JUDGMENT (Heard video conference) The matter is listed under the caption "for dismissal", today.

2. The learned counsel for the appellant submits that the sole appellant is dead. Till date, no steps have been taken by the learned counsel for the appellant to bring on record the Legal Representatives of the deceased sole appellant. Hence both these Second Appeals are dismissed as abated. No costs. Consequently, connected miscellaneous petitions are closed.

12.07.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To 1.The Subordinate Judge, Hosur.

2.The District Munsif, Hosur.

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ABDUL QUDDHOSE, J.

vsi2 S.A.Nos.852 of 2005 and 1129 of 2005 13.07.2021 5/5