Dismissed¶43

Kaliyaperumal Naidu v. Kuppusamy Naidu(died)

Madras HC2 Sept 2025SA/698/2009

Case brief

AI extract

What is this about?

SA 698/2009, Madras High Court, R.N. Manjula J., decided 02-09-2025: Second Appeal dismissed as abated because the sole appellant died on 13.12.2022 and his legal heirs were never impleaded; connected MP.No.1/2009 closed as unnecessary; no costs. Underlying litigation: OS.No.206/96 (Sub Court, Kallakurichi), decree 15.10.2003, confirmed in first appeal AS.No.10/2004 (Principal District Court, Villupuram), decree 22.10.2008. Statute: Section 100, Civil Procedure Code. No precedents cited.

What did the court decide?

Although steps had been taken to bring the legal representatives of deceased respondents 1 and 4 on record, no progress was possible in the appeal unless the legal heirs of the appellant (who died on 13.12.2022) were impleaded; since no such steps were taken, the appeal stands abated. ¶43

Kaliyaperumal Naidu Vs Kuppusamy Naidu(died) — Madras HC (2025) — LawSathi Research

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SA No. 698 of 2009

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-09-2025

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CORAM

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THE HONOURABLE DR.JUSTICE R.N.MANJULA

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SA No. 698 of 2009 and

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MP.No.1 of 2009

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Kaliyaperumal Naidu S/o. Pakkirisamy Naidu Senthanadu Village Ulundurpet Tk.

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Appellant(s)

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KUPPUSAMY NAIDU(died) S/o. Pakkirisamy Naidu Senthanadu Village Ulundurpet Tk.

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2.KOUSALYA

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W/o. Srinivasa Naidu No 11 Kavarai Street Kallakurichi Tk Senthanadu Post Ulundurpet Tk.

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3.Saraswathy Ammal W/o. Govindarajulu Naidu Vijayankuppam

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4.JOTHILINGAM(died)

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S/o. Veeramuthu Harijan Colony

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

SA No. 698 of 2009

Kalathur.

5.DHANDAPANI

S/o. Vridhachalam Harijan Colony Kalathur.

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6.Chakrapani Konar S/o. Govindaraju Audikuzhi.

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7.RAJARAM

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S/o. Kuppusamy Naidu, Senthanadu Village, Ulunderpet Tk, Villupuram Dist.

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8.JEEVARATHINAM

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W/o. Jothilingam. 8 To 10 Respts Are Residing At Senthanadu Village, Ulunderpet Tk, Villupuram Dist

9.RAJKUMAR

S/o. Jothilingam.

10.RADHIKA

D/o. Jothilingam.

[ R1 Died, R7 Is Brought On Record As Lr Of The Deceased R1.R4 Died, RR8 To 10 Are Brought On Record As Lrs Of The Deceased R4 Vide Court Order Dated 07/08/2025 Made In Cmp.nos.602,603,604,605,606 And 607 Of 2016 In Sa.no.698 Of 2009(cvkj)]

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Respondent(s)

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PRAYER: This second appeal is filed under Section 100 of Civil Procedure Code, against the judgement and the decree dated 22.10.2008 passed in AS.No.10/2004 on the file of Principal District Court, Villupuram confirming the judgment and the decree dated 15.10.2003 passed in OS.NO.206/96 before the Sub Court, Kallakurichi.

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

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SA No. 698 of 2009

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For Appellant(s): M/s.A.Nilapher for M/s. R. Meenal For Respondent(s): M/s.V.Srimathi for RR2,3,5 and 6

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JUDGEMENT

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The appellant/plaintiff, who had filed the appeal, died on 13.12.2022 and

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no steps have been taken so far. Though steps were taken consequent to the