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S.Selvaraj Vs T.Murugesan — Madras HC (2025) — LawSathi Research

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Madras HC
2025
S.Selvaraj Vs T.MurugesanS.Selvaraj v. T.Murugesan

Dismissed¶39

S.Selvaraj v. T.Murugesan

Madras HC15 Dec 2025SA/1009/2014

Case brief

AI extract

What is this about?

Madras High Court common order dated 15-12-2025 by Dr. Justice A.D. Maria Clete dismissing S.A.Nos.1009 & 1010 of 2014 (Section 100 C.P.C. appeals challenging the reversal by A.S.Nos.22 & 30 of 2012, Sub Court, Tiruvarur, dated 03.12.2013, of the decree dated 30.07.2012 in O.S.No.14 of 2008, District Munsif, Tiruvarur) as abated due to efflux of time, following appellant S. Selvaraj's death on October 01, 2015 and failure to take steps despite order dated 27.11.2025; no costs; connected MP.No.1 of 2014 closed. Keywords: second appeal abatement; death of sole appellant; efflux of time; S. Selvaraj; T. Murugesan; M. Baskaran; D. Kandasamy; A. Pandian; V. Shanmugam; District Collector Thiruvarur; Chief Educational Officer Thiruvarur.

What did the court decide?

Thesecond appeals are dismissed as abated due to efflux of time, the appellant having died on October 01, 2015 and no steps having been taken notwithstanding the court's direction of 27.11.2025; no costs are awarded and the connected Miscellaneous Petitions are closed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether S.A.Nos.1009 & 1010 of 2014 should be dismissed as abated, given the death of the appellant and the failure to take steps to continue the appeals.

Court's answer

Thesecond appeals are dismissed as abated due to efflux of time, the appellant having died on October 01, 2015 and no steps having been taken notwithstanding the court's direction of 27.11.2025; no costs are awarded and the connected Miscellaneous Petitions are closed.

Detailed headnote1 paragraphs

Common Order (single member coram, Dr. Justice A.D. Maria Clete, High Court of Judicature at Madras, dated 15-12-2025): S.A.Nos.1009 & 1010 of 2014 (S. Selvaraj v. T. Murugesan and others; and v. The Govt. of Tamil Nadu represented by the District Collector, Thiruvarur, the Chief Educational Officer, Thiruvarur and others), filed under Section 100 of C.P.C. against the judgment and decree dated 03.12.2013 in A.S.Nos.22 & 30 of 2012 of the Sub Court, Tiruvarur, which had reversed the judgment and decree dated 30.07.2012 in O.S.No.14 of 2008 of the District Munsif, Tiruvarur. The appellant was reported to have died on October 01, 2015; although counsel was directed by order dated 27.11.2025 to take steps, none were taken. Both Second Appeals were therefore dismissed as abated due to efflux of time, with no costs, and the connected Miscellaneous Petitions (MP.No.1 of 2014) were closed. No substantive suit question was adjudicated in this Order.

A

S.A.Nos.1009 & 1010 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

SA Nos. 1009 & 1010 of 2014 and MP.Nos.1 of 2014

S.Selvaraj

...Appellant in both SAs’

Vs

T.Murugesan

2.M.Baskaran

3.D.Kandasamy

4.A.Pandian

5.V.Shanmugam

..Respondents in S.A.No.1009 of 2014

Vs

The Govt. Of Tamil Nadu Represented By District Collector, Thiruvarur.

2.The Chief Educational Officer Thiruvarur.

3.T. Murugesan 4.M. Baskaran 5.D. Kandasamy 6.A. Pandian 7.V. Shanmugam ..Respondents in S.A.No.1010 of 2014

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

S.A.Nos.1009 & 1010 of 2014

COMMON PRAYER: These Second Appeals have been filed under Section

100 of C.P.C., against the judgment and decree dated 03.12.2013 and made in

A.S.Nos.22 & 30 of 2012 on the file of the Sub Court, Tiruvarur reversing the

judgment and decree dated 30.07.2012 and made in O.S.No.14 of 2008 on the file of the District Munsif, Tiruvarur.

For Appellant(s): M/s.B.Ramamoorthy in both SAs’

For Respondent(s): Mr.B.Tamil Nidhi, AGP for R1 and R2 in S.A.No.1010 of 2014

R3- Died in S.A.No.1010 of 2014

R4 to R6- Served- No Appearance in SA.No.1010 of 2014 R1- Died in SA.No.1009 of 2014

R2 to R4- Served- No Appearance in SA.No.1009 of 2014

COMMON ORDER

Learned counsel for the appellant as well as the learned Additional

Government Pleader appearing for respondent Nos.1 and 2 in S.A.No.1010 of 2014 are before this Court.

It is reported that the appellant died on October 01, 2015 and steps

have not been taken so far.

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

S.A.Nos.1009 & 1010 of 2014

By order of this court dated 27.11.2025, the learned counsel for the

appellant was directed to take steps, however, no such steps have been taken till now. Hence, these Second Appeals are dismissed as abated due to efflux of time. No costs. Consequently, connected Miscellaneous petitions are closed

15-12-2025 (1/2)

Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

1.The District Collector, Thiruvarur.

2.The Chief Educational Officer, Thiruvarur.

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

S.A.Nos.1009 & 1010 of 2014

Dr. A.D.MARIA CLETE, J.

jai

SA Nos. 1009 & 1010 of 2014

15-12-2025 (1/2)

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether S.A.Nos.1009 & 1010 of 2014 should be dismissed as abated, given the death of the appellant and the failure to take steps to continue the appeals.medium confidence¶39
The court held
Thesecond appeals are dismissed as abated due to efflux of time, the appellant having died on October 01, 2015 and no steps having been taken notwithstanding the court's direction of 27.11.2025; no costs are awarded and the connected Miscellaneous Petitions are closed.ratio¶39

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure (C.P.C.)100¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 03.12.2013 made in A.S.Nos.22 & 30 of 2012 by the Sub Court, Tiruvarur, reversing the judgment and decree dated 30.07.2012 made in O.S.No.14 of 2008 on the file of the District Munsif, Tiruvarur.¶23
Sub Court, Tiruvarur · 03.12.2013
Prior proceeding
Original suit O.S.No.14 of 2008 before the District Munsif, Tiruvarur ended in a judgment and decree dated 30.07.2012.¶25
Prior proceeding
First appeals A.S.Nos.22 & 30 of 2012 before the Sub Court, Tiruvarur produced the judgment and decree dated 03.12.2013 reversing the trial-court decree.¶24
Prior proceeding
The appellant was reported to have died on October 01, 2015.¶34
Prior proceeding
By order of this court dated 27.11.2025 the learned counsel for the appellant was directed to take steps.¶38
Prior proceeding
Despite the direction of 27.11.2025, no steps had been taken till the date of this Common Order.¶39

Parties & counsel

AI extract

appellant
S.Selvaraj¶7
B.Ramamoorthy
respondent
T.Murugesan¶10
respondent
M.Baskaran¶11
respondent
D.Kandasamy¶12
respondent
A.Pandian¶13
respondent
V.Shanmugam¶14
respondent
The Govt. Of Tamil Nadu Represented By District Collector, Thiruvarur¶17
B.Tamil Nidhi
respondent
The Chief Educational Officer Thiruvarur¶18
B.Tamil Nidhi

Coram

AI extract

Dr. A.D. Maria Cleteauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 15 Dec 2025 · December
Registered: 31 Oct 2014
Case no.: SA/1009/2014
CNR: HCMA010976682014
Bench: A.d.maria Clete
Disposal: DISMISSED AS ABATED
Case type: S.A.

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Cite this judgement

S.Selvaraj v. T.Murugesan, SA/1009/2014 (MAD), decided on 15 December 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure (C.P.C.)100

View all statutes

Procedural history6

Judgment and decree dated 03.12.2013 made in A.S.Nos.22 & 30 of 2012 by the Sub Court, Tiruvarur, reversing the judgment and decree dated 30.07.2012 made in O.S.No.14 of 2008 on the file of the District Munsif, Tiruvarur.Sub Court, Tiruvarur · 03.12.2013
Original suit O.S.No.14 of 2008 before the District Munsif, Tiruvarur ended in a judgment and decree dated 30.07.2012.
First appeals A.S.Nos.22 & 30 of 2012 before the Sub Court, Tiruvarur produced the judgment and decree dated 03.12.2013 reversing the trial-court decree.

View full history

Bench / Coram

Dr. A.D. Maria Clete

Parties & counsel