LAWS(MAD)-2013-12-106

A.P. ABDUL JABBAR Vs. C. SELVARAJAN

Decided On December 10, 2013
A.P. Abdul Jabbar Appellant
V/S
C. Selvarajan Respondents

JUDGEMENT

(1.) This Appeal Suit, has been originally filed by the sole deceased first appellant/first defendant in the suit, as against the decree and judgment dated, 17.03.1992, made in O.S. No. 471 of 1989 on the file of Subordinate Court, Dindigul. The respondents 1 to 4 in the above said Appeal Suit (i.e.) plaintiffs 1 to 4 in the suit are also challenged the decree and judgment passed by the trial Court regarding the grant of a decree for specific performance in respect of the B Schedule property mentioned in Ex. A4 instead of suit properties.

(2.) During the pendency of the appeal and cross objection, the sole appellant namely Abdul Jabbar was died and the appellants 2 to 11 were impleaded as legal heirs of the first appellant and further during the pendency of the appeal, the third and fifth respondents were also died and their legal heirs impleaded as respondents 6 to 11 and 12 and 13 respectively. But the cross objectors have not taken any steps to implead the above said legal heirs of both the deceased K. Chellapandian/3rd plaintiff and A.P. Abdul Jaber and A.P. Abdul Hameed/respondents/defendants in the cross objection.

(3.) For the sake of convenience, the parties arrayed in the original suit in O.S. No. 471 of 1989 referred in this appeal suit and also in the cross objection.