Second appeal pending since 2005 stood dismissed as abated: the sole appellant died in 2020 and no application to bring his legal representatives on record was filed even after expiry of the statutory period, after an earlier default listing had already resulted in dismissal against two respondents.
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S.A.No.1152 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2026
CORAM:
THE HONOURABLE MRS.JUSTICE P.VELMURUGAN
S .A.No.1152 of 2005
Chinnappaiya Nainar @ Chinnathambi S/o.Ayyaswamy Nainar ... Appellant
..Vs..
PRAYER : Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 28.12.1998 made in A.S.No.103 of 1997 on the file of the Additional District Court, Tiruvannamalai, confirming the judgment and decree dated 30.07.1997 made in O.S.No.968 of 1989 on the file of the Additional District Munsif Court, Tiruvannamalai.
For Appellant : Mr.R.Sathish Kumar
for M/s.Sarvabhuanam Associates
For Respondents : No Appearance – R1 *******
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S.A.No.1152 of 2005
JUDGMENT
The appeal is pending from the year 2005 without any progress. On 12.01.2024, when the appeal was posted under the caption “default cases”,
this Court granted time to the appellant to rectify the defect and ordered that on failure of the same, the second appeal shall stand dismissed automatically and hence the Second Appeal was dismissed vide order dated 12.01.2024 as against R2 and R3.
2 Today, when the matter is called for hearing, the learned counsel for the appellant represented that the sole appellant died in the year 2020 itself. But even after the expiry of statutory period of 90 days, till now, no steps has been taken to bring the legal representatives of the deceased sole appellant on record.
costs.
05.06.2026
cgi
To
S.A.No.1152 of 2005
P.VELMURUGAN, J.
cgi
S.A.No.1152 of 2005
05.06.2026
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1 provisions across 1 enactments
Chinnappaiya Nainar @ Chinnathambi
Annamalai
S.Ayyanar
Virudhambal
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
