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A.G. Kuppusamy Vs S. Egavalli (Died) — Madras HC (2025) — LawSathi Research

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A.G. Kuppusamy Vs S. Egavalli (Died)A.G. Kuppusamy v. S. Egavalli (Died)

Dismissed¶45

A.G. Kuppusamy v. S. Egavalli (Died)

Madras HC4 Dec 2025SA/637/2014

Case brief

AI extract

What is this about?

Dismissal of second appeals for non-prosecution; death of sole appellant A.G.Kuppusamy; failure to take steps on impleading petitions (C.M.P.Nos.23948 & 23952 of 2025) filed 04.09.2025 to bring legal heirs on record; counsel's memo of no instructions dated 04.12.2025; High Court of Judicature at Madras; Dr. Justice A.D. Maria Clete; appeals against A.S.No.39 of 2010 (Subordinate Judge, Poonamallee) confirming O.S.No.51 of 1998 (Principal District Munsif Court, Poonamallee); respondents included Jansi, Bharath, S.Uganandan, S.Velankanni, Kausalya, Gopal, S.Yoganandhan, S.Egavalli (died) and the Sub Registrar, Poonamallee; no costs; connected M.P. No. 1 of 2014 and CMPs closed; no substantive issue decided; no precedent value on merits.

What did the court decide?

The Second Appeals (S.A.Nos.637 & 522 of 2014) are dismissed for non-prosecution, with no costs, as the sole appellant died, no steps were taken on the impleading petitions filed on 04.09.2025, and counsel filed a memo dated 04.12.2025 reporting no instructions.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Second Appeals should be dismissed for non-prosecution in view of the death of the sole appellant, the impleading petitions filed on 04.09.2025 on which no steps were taken, and counsel's memo dated 04.12.2025 reporting no instructions.

Court's answer

The Second Appeals (S.A.Nos.637 & 522 of 2014) are dismissed for non-prosecution, with no costs, as the sole appellant died, no steps were taken on the impleading petitions filed on 04.09.2025, and counsel filed a memo dated 04.12.2025 reporting no instructions.

Ratio / Principle

All connected miscellaneous petitions (M.P. No. 1 of 2014 and C.M.P.Nos.23948 & 23952 of 2025) are closed.

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice A.D. Maria Clete), common judgment dated 04.12.2025 in S.A.Nos.637 & 522 of 2014: Second Appeals directed against the judgment and decree of the Subordinate Judge, Poonamallee in A.S.No.39 of 2010 (which had confirmed the judgment and decree of the Principal District Munsif Court, Poonamallee in O.S.No.51 of 1998) dismissed for non-prosecution. The sole appellant A.G.Kuppusamy died; although two civil miscellaneous petitions to implead his legal heirs were filed on 04.09.2025, no steps were taken, and counsel filed a memo dated 04.12.2025 reporting no instructions. Connected miscellaneous petitions (M.P. No. 1 of 2014; C.M.P.Nos.23948 & 23952 of 2025) closed. No costs. The merits of the underlying dispute were not adjudicated; the judgment decides no substantive question of law.

A

S.A.Nos.637 & 522 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2025

PRESENT:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

S.A. Nos. 637 & 522 of 2014

and

M.P. No. 1 of 2014 and C.M.P.Nos.23948 & 23952 of 2025

S.A.No.637 of 2014:

A.G.Kuppusamy ...Appellant

Vs.

1.Jansi 2.Bharath

3.S.Uganandan

4.S.Velankanni

5.Kausalya

6.Gopal

7.The Sub Registrar, Poonamallee. ...Respondents

PRAYER : Second Appeal filed against the Judgment and Decree passed by the Subordinate Judge, Poonamallee in A.S.No.39 of 2010 dated 23.12.2011 by confirming the Judgment and decree passed by the Principal District Munsif Court, Poonamallee in O.S.No.51 of 1998 dated 30.11.2009.

1/4

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

S.A.Nos.637 & 522 of 2014

For Appellant : Mr. T. Karunakaran.

For Respondents : R1 – Died.

R2 – served – no appearance. Mr. N.R.Gopalan for R3 to R5. Mr.M.Sasikumar for R6. Mr. B. Tamil nidhi, Additional Government Pleader for R7.

S.A.No.522 of 2014:

A.G.Kuppusamy ...Appellant

Vs.

1.S.Yoganandhan

2.Jansi

3.Bharath

4.S.Velankanni

5.Kausalya

6.Gopal

7.S.Egavalli (died)

...Respondents

PRAYER : Second Appeal filed against the Judgment and Decree passed by the Subordinate Judge, Poonamallee in A.S.No.39 of 2010 dated 23.12.2011 by confirming the Judgment and decree passed by the Principal District Munsif Court, Poonamallee in O.S.No.51 of 1998 dated 30.11.2009.

For Appellant : Mr. T. Karunakaran.

For Respondents : Mr.N.R.Anantha Ramakrishnan, Advocate for R1 to R6.

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

S.A.Nos.637 & 522 of 2014

R7 – Died.

C O M M O N J U D G M E N T

When this matter was taken up for hearing, it is seen that the sole appellant died and though two civil miscellaneous petitions have been filed to implead the legal heirs of the deceased sole appellant on 04.09.2025, no steps have been taken till date and the learned counsel for the appellant is present and filed a memo dated 04.12.2025 reporting no instructions.

2.Accordingly, these Second Appeals are dismissed for non-prosecution. No costs. Consequently, all the connected miscellaneous petitions are closed.

04.12.2025

ay

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

DR. A.D. MARIA CLETE, J

ay

To

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S.A.Nos.637 & 522 of 2014

1.The Subordinate Judge, Poonamallee.

2.The Principal District Munsif, Poonamallee.

3.The Sub Registrar, Poonamallee.

4.The Section Officer, V.R. Section, High Court of Madras, Chennai.

S.A. Nos. 637 & 522 of 2014

and M.P. No. 1 of 2014 and C.M.P.Nos.23948 & 23952 of 2025

Dated: 04.12.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Second Appeals should be dismissed for non-prosecution in view of the death of the sole appellant, the impleading petitions filed on 04.09.2025 on which no steps were taken, and counsel's memo dated 04.12.2025 reporting no instructions.medium confidence¶44
The court held
The Second Appeals (S.A.Nos.637 & 522 of 2014) are dismissed for non-prosecution, with no costs, as the sole appellant died, no steps were taken on the impleading petitions filed on 04.09.2025, and counsel filed a memo dated 04.12.2025 reporting no instructions.ratio¶45

Procedural history

How this case reached the court

AI extract

Order under challenge
Common judgment and decree dated 23.12.2011 in A.S.No.39 of 2010 by the Subordinate Judge, Poonamallee, confirming the judgment and decree dated 30.11.2009 in O.S.No.51 of 1998 of the Principal District Munsif Court, Poonamallee; challenged in both second appeals.¶18
Subordinate Judge, Poonamallee · 23.12.2011
Prior proceeding
Trial suit O.S.No.51 of 1998 on the file of the Principal District Munsif Court, Poonamallee, judgment and decree dated 30.11.2009.¶18
Prior proceeding
First appeal A.S.No.39 of 2010 on the file of the Subordinate Judge, Poonamallee, decided on 23.12.2011, confirming the trial court's judgment and decree.¶18
Prior proceeding
After the death of the sole appellant, two civil miscellaneous petitions (C.M.P.Nos.23948 & 23952 of 2025) were filed on 04.09.2025 to implead his legal heirs, but no steps were taken thereafter.¶44
Prior proceeding
On the date of hearing, learned counsel for the appellant filed a memo dated 04.12.2025 reporting no instructions.¶44

Parties & counsel

AI extract

appellant
A.G.Kuppusamy¶10
T. Karunakaran
respondent
Jansi¶12
N.R.Anantha Ramakrishnan
respondent
Bharath¶12
N.R.Anantha Ramakrishnan
respondent
S.Uganandan¶13
N.R.Gopalan
respondent
S.Velankanni¶14
N.R.Gopalan, N.R.Anantha Ramakrishnan
respondent
Kausalya¶15
N.R.Gopalan, N.R.Anantha Ramakrishnan
respondent
Gopal¶16
M.Sasikumar, N.R.Anantha Ramakrishnan
respondent
The Sub Registrar, Poonamallee¶17
B. Tamil nidhi
respondent
S.Yoganandhan¶28
N.R.Anantha Ramakrishnan
respondent
S.Egavalli¶34

Coram

AI extract

Dr. Justice A.D. Maria Cleteauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Dec 2025 · December
Registered: 24 Jun 2014
Case no.: SA/637/2014
CNR: HCMA011078682014
Bench: A.d.maria Clete
Disposal: DISMISSED AS ABATED
Case type: S.A.

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Cite this judgement

A.G. Kuppusamy v. S. Egavalli (Died), SA/637/2014 (MAD), decided on 4 December 2025.

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

Procedural history5

Common judgment and decree dated 23.12.2011 in A.S.No.39 of 2010 by the Subordinate Judge, Poonamallee, confirming the judgment and decree dated 30.11.2009 in O.S.No.51 of 1998 of the Principal District Munsif Court, Poonamallee; challenged in both second appeals.Subordinate Judge, Poonamallee · 23.12.2011
Trial suit O.S.No.51 of 1998 on the file of the Principal District Munsif Court, Poonamallee, judgment and decree dated 30.11.2009.
First appeal A.S.No.39 of 2010 on the file of the Subordinate Judge, Poonamallee, decided on 23.12.2011, confirming the trial court's judgment and decree.

View full history

Bench / Coram

Dr. Justice A.D. Maria Clete

Parties & counsel