Dismissed¶23

T.Ramachandran v. P.Krishnamurthy

Madras HC2 Sept 2025SA/244/2014

Case brief

AI extract

What is this about?

Madras High Court, S.A. No.244 of 2014, decided 02.09.2025 by Dr. Justice A.D. Maria Clete. Keywords: abatement of second appeal; death of sole respondent (14.08.2019); failure to implead legal representatives; dismissal as abated by efflux of time; no costs; Section 100 Civil Procedure Code; O.S.No.387 of 2008 (Principal District Munsif, Mayiladuthurai); A.S.No.65 of 2012 (Principal Sub-Court, Mayiladuthurai, decree 25.11.2013); M.P. No. 1 of 2014 stay petition closed; appellant absent, no representation; memo dated 01.09.2025 taken on record.

What did the court decide?

Since the sole respondent died on 14.08.2019 and, despite sufficient opportunity, no steps were taken to bring his legal representatives on record within the time prescribed by law, the Second Appeal stands dismissed as abated by efflux of time, with no costs. ¶23

T.Ramachandran Vs P.Krishnamurthy — Madras HC (2025) — LawSathi Research

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S.A.No.244 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.09.2025

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PRESENT:

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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S.A. No.244 of 2014 and

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M.P. No. 1 of 2014

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T.Ramachandran, S/o Thangavel Thevar, Vandikara Street, Sitharkadu, Mayiladuthurai Town. ...Defendant / Respondent/ Appellant Vs. P.Krishnamurthy, S/o Pachiri Thevar, Door No.222, 4^th Street, Nehm Nagar, Chennai-600 040 Represented by his Power Agent T. Umapathy, Old No.80, New No. 197, Vandikara Street, Sitharkadu, Mayiladuthurai Town. ... Plaintiff/Appellant/Respondent PRAYER in S.A. : Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 25.11.2013 made in A.S.No.65 of

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1/5

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

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S.A.No.244 of 2014

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2012 on the file of Principal Sub-Court, Mayiladuthurai, allowed the First Appeal Suit and reversing the Judgment and Decree dated 04.01.2012 made in O.S.No.387 of 2008 on the file of Principal District Munsif Judge, Mayiladuthurai.

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PRAYER IN M.P .: To stay all further proceedings in O.S.No.387 of 2008 on the file of Principal District Munsif Court, Mayiladuthurai pursuant to the Decree and Judgment made in AS.No.65 of 2012 dated 25.11.2013 on the file of the Principal Subordinate Judge, Mayiladuthurai pending disposal of the above Second Appeal and pass such fiirther or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Appellant : No appearance.

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For Respondent : Mr. R. Prabakar.

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J U D G M E N T

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When this matter was called on 01.09.2025, the learned counsel for the

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respondent has filed a memo reporting that the sole respondent died on 14.08.2019 and the said memo is taken on record. There is no appearance for the appellant. Hence, the matter has been posted today. Even today, there is no representation for the appellant. Despite sufficient opportunity, no steps have been taken to bring

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2/5

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

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S.A.No.244 of 2014

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on record the legal representatives of the deceased respondent within the time prescribed by law.

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2.In view of the same, this Second Appeal stands dismissed as abated by efflux of time. No costs. Consequently, connected miscellaneous petition is closed.

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02.09.2025

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Speaking Order / Non-speaking Order Index: Yes / No Neutral Citation : Yes / No

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1.The Principal District Munsif Court, Mayiladuthurai.

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2.The Principal Sub Court, Mayiladuthurai.

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3.The Section Officer,