Madras High CourtCROS.OBJ(MD)/4/2005dismissed as abated

Rajendran Alias Sami v. Poomari

2024-06-11Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Cross Objection (MD) No.4 of 2005 1.Rajendran alias Sami 2.Pakkirimuthu alias Mani 3.Murugan 4.Kandasamy Pandian ... Cross Objectors -vs1.Poomari 2.Jeyalakshmi (died) 3.Geetha 4.S.Saroja 5.K.Rajammal 6.Muniasamy 7.Gnanam 8.Chenniah

9.Rati 10.Akila 11.Thalavai Pandian 12.T.Ram Mohan 13.T.Balamurugan ... Respondents (R-4 to 10 are given up) (R-11 to R-13 are brought on record as L.Rs.

of deceased R-2) PRAYER: Cross Objection under Order 22 Rule 41 of Code of Civil Procedure of 1908 to allow the Cross Objection and dismiss the S.A.No.2031 of 2002 with cost of the respondents 1 to 4/Cross Objectors. For Cross Objectors :

Mr.V.Meenakshi Sundaram For Respondents :

No appearance for R1,R3, 11 to 13 For Respondent 2 ;

Died For Respondents 4 to 6 : Dismissed as abated For Respondents 7 to 10 : Given up

JUDGMENT

The learned counsel appearing for the Cross-Objectors submits that the death of the respondents 4 to 6 in Cross-Objection/Respondents 5 to 7 in Second Appeal was already reported to the Court in the main Second Appeal.

2. It appears that the Cross-Objection is filed by the defendants 1 to 4, questioning the decree for partition granted in favour of the respondents 1 to 3 in respect of Item No.2. The respondents 4 to 6 are sharers and, in view of the death of the respondents 4 to 6, the decree for partition granted in favour of the respondents 1 to 3 had attained finality in respect of some of the sharers. Therefore, without setting aside the abatement caused to the crossobjection by the death of the respondents 4 to 6, the cross-objectors cannot proceed with the Cross-objection on merits. As such, when the CrossObjection is abated as against some of the respondents/sharers, the entire Cross-Objection is deemed to be abated. Accordingly, this Cross-Objection is dismissed, as abated. No costs.

11.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

Section Officer, V.R. Section, Madurai Bench of Madras High Court.

S.SOUNTHAR, J.

dixit CROSS OBJ.(MD) No.4 of 2005 11.06.2024