Dismissed¶28

D.Rajan v. Danabakkiyam

Madras HC25 Oct 2025SA/1105/2008

Case brief

AI extract

What is this about?

Abatement of second appeal on death of sole appellant; failure to bring legal representatives on record; dismissal as abated with liberty to legal heirs to seek reopening; Section 100 Code of Civil Procedure; permanent injunction decree in O.S.No.201 of 2000 (Principal District Munsif, Tiruvannamalai); confirmation decree in A.S.No.5 of 2004 (Principal Subordinate Court, Tiruvannamalai); closure of connected M.P.No.1 of 2008; no costs; Madras High Court; Mummineni Sudheer Kumar.

What did the court decide?

No substantive relief; Second Appeal dismissed as abated, with liberty to the legal representatives of the deceased appellant to seek reopening by appropriate application; no costs. ¶28

D.Rajan Vs Danabakkiyam — Madras HC (2025) — LawSathi Research

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S.A.No.1105 of 2008

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :: 25-10-2025

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CORAM

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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SECOND APPEAL No.1105 of 2008

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D.Rajan ... Appellant

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-vs-

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1.Danabakkiyam 2.The Panchayat Union Commissioner, Union Office, Tiruvannamalai. 3.The Panchayat Board President, Andampallam Panchayat, Andampallam.

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4.Krishnan ... Respondents

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Appeal under Section 100 of Code of Civil Procedure against the judgment and decree, dated 09.10.2006, passed in A.S.No.5 of 2004, on the file of Principal Subordinate Court, Tiruvannamalai, confirming the judgment and decree, dated 29.12.2003, passed in O.S.No.201 of 2000, on the file of Principal District Munsif Court, Tiruvannamalai.

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

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S.A.No.1105 of 2008

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For Appellant : Mr.Tamil Thendral Aroon, for Mr.P.Mani.

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For Respondents 1 & 4 : No appearance

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For Respondent 2 : Ms.R.Revathy

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For Respondent 3 : Dr.S.Suriya, Addl. Govt. Pleader.

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JUDGMENT

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The third defendant in O.S.No.201 of 2000 on the file of Court of Principal District Munsif, Tiruvannamalai, having suffered the decree of permanent injunction, filed A.S.No.5 of 2004 unsuccessfully on the file of Court of Principal Subordinate Court, Tiruvannamalai. Aggrieved by the judgment and decree, dated 09.10.2006, passed in A.S.No.5 of 2004 on the file of Principal Subordinate Court, Tiruvannamalai, he/the appellant filed the present Second Appeal under Section 100 of the Code of Civil Procedure.

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When the matter came up for consideration before this Court on an earlier occasion on 07.10.2025, it was brought to the notice of this Court that the sole appellant died. Hence, the matter was adjourned for taking appropriate steps.

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When the matter is again taken up for consideration today, learned counsel for the appellant represented that in spite of his best efforts, he is unable to

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

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S.A.No.1105 of 2008

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reach out to the legal representatives of the deceased appellant and hence he expressed his inability to bring on record the legal representatives of the deceased appellant.

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Under the circumstances, this Second Appeal is dismissed, as abated. However, if the legal representatives of the deceased appellant intend to pursue the matter any further, they are at liberty to file appropriate application to reopen this appeal. No costs. Consequently, the connected M.P.No.1 of 2008 is closed.

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25-10-2025

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Index : Yes / No Internet : Yes / No dixit

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1.Principal Subordinate Judge, Tiruvannamalai.

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2.Principal District Munsif, Tiruvannamalai.

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3.Section Officer, V.R.Section, High Court, Madras.

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