Dismissed¶¶42

Antoninette Alexis, v. Arokiam Louis Marie Joseph

Madras HC13 Jul 2026AS/71/2002

Case brief

AI extract

What is this about?

Abatement of appeal — death of appellants during pendency — legal representatives not brought on record for over twenty years — withdrawal of appeal by memo — dismissal as abated qua deceased appellants and as withdrawn qua surviving appellant — appeal against final decree proceedings pending since 2002 — High Court of Judicature at Madras — Antoninette Alexis v. Arokiam Louis Marie Joseph — AS No. 71 of 2002 — CMP Nos. 10433 of 2002 and 10693 of 2004 — no order as to costs.

What did the court decide?

The appeal is dismissed as abated against Appellants 1 and 3, who died without their legal representatives being brought on record for over twenty years. ¶¶42

Antoninette Alexis, Vs Arokiam Louis Marie Joseph — Madras HC (2026) — LawSathi Research

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AS No. 71 of 2002

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-07-2026

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CORAM

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THE HON'BLE MR JUSTICE N. SATHISH KUMAR

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AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

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AS No. 71 of 2002 and CMP Nos. 10433 of 2002 and 10693 of 2004

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Antoninette Alexis, D/o.Alexis Sandanasamy

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Marie Josephine Alexis, Rep.By Power Agent Paulraj

3. Philomina Alexis

..Appellant(s)

Arokiam Louis Marie Joseph (Died) S/o.Late Arokiyanathan

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Marie Joseph Aime

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Anna Marie, Pondicherry

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Alexis Raja

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Alexis Bosco,

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Alexis Bruno,

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Alexis Jagan

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__________ Page1 of 4

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

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AS No. 71 of 2002

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8. Aroquiame Irudayamary

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Aroquiame Sagaya Andoniraj

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Aroquiame Conjandenadin

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Aroquiame Daniel

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Aroquiame Amalor Julien

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..Respondent(s)

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[R8 to R12 brought on record as LRs of deceased first respondent vide order of Court dated 28.03.2007 made in C.M.P.Nos.8133 and 8134 of 2005]

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For Appellant(s): Mr.N.C.Ramesh For Respondent(s): Mr.R.Vidhuthalai Senior counsel for Ms.R.Revathy for R2 Mr.R.Sunil Kumar for R8 to R12

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JUDGMENT

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(Judgment of the Court was delivered by N.Sathish Kumar J.)

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This appeal has been filed against the final decree proceedings and is pending from the year 2002.

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Today, a memo on behalf of the second appellant had been filed by the learned counsel for the appellants seeking permission to withdraw the appeal. It is also stated in the memo that the first appellant died on 25.07.2014 and the

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third appellant died on 14.07.2013. Though second appellant is the sister of the

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other appellants, she has not made any attempt to implead the legal

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Page2 of 4

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

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AS No. 71 of 2002

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representatives of the 1st and 3rd appellants. For more than twenty years, their death have not even been informed to the Court and their legal representatives have also not come on record.

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In view of the above, the appeal is dismissed as abated as against Appellants 1 and 3 and the appeal is dismissed as withdrawn as against second appellant. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

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(N.S.K.,J.) (M.J.R.,J.) 13-07-2026

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gpa

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__________ Page3 of 4

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

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AS No. 71 of 2002

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N.SATHISH KUMAR J. AND M.JOTHIRAMAN J.