Dismissed¶44

M/S.Ratthinam v. M/S.Gnanaraj

Madras HC29 Apr 2026SA/1190/2004

Case brief

AI extract

What is this about?

Abatement of a pending second appeal on the death of the sole appellant; dismissal as abated under Section 100 CPC; no adjudication on merits; no order as to costs; respondents included Tamil Nadu Electricity Board officials and legal heirs of a deceased plaintiff-respondent; High Court of Judicature at Madras, decision dated 29.04.2026.

What did the court decide?

In view of the earlier orders dated March 13, 2026 and March 26, 2026 recording the death of the sole appellant, the Second Appeal stands abated. ¶44

M/S.Ratthinam Vs M/S.Gnanaraj — Madras HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2026

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CORAM

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THE HONOURABLE MR.JUSTICE R. SAKTHIVEL Second Appeal No. 1190 of 2004

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Rathinam S/o.Chinnapayyan Kathampakkam Village Vadakathippatti Post Vaniambadi Circle, Vellore.

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...Appellant/ Appellant/2nd Defendant

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Versus

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1.Gnanaraj S/o.Chinnapayyan 2.Govindaraj S/o.Chinnapayyan (Died) Both are residing at Kathampakkam Village Vadakathippatti Post Vaniambadi Taluk.

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...Respondents 1&2/ Respondents/Plaintiffs

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3.The Executive Engineer, Tamil Nadu Electricity Board Pallikonda Vellore District.

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...3rd respondent/ Respondent/3rd Defendant

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4.The Superintending Engineer Tamil Nadu Electricity Board Tiruppathur.

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...4^th Respondent/ Respondent/4th Defendant

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Page Nos.1/5

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

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5.Bhuvaneswari W/o.Late.Govindaraj

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6.Parthipan S/o.Late.Govindaraj

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7.Ratha D/o.Late.Govindaraj

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8.Thamilselvi W/o.Late.Rameshkumar

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9.Roshan S/o.Late.Ramesh kumar

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10.Prithic S/o.Late.Ramesh kumar

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R5 to 10 are residing at No. 301, Koothampakkam Village (Via), Mathanoor, Ambur Taluk Vellore District.

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...Respondents 5 to 10/ LRs of the deceased Respondent No.2

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[R2 died. Respondents 5 to 10 are brought on record as LRs of the deceased R2 vide Court order dated March 13, 2026 made in CMP.Nos.5670, 5674 & 5677 of 2019 in S.A.No.1190 of 2004].

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Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure 1908, praying to set aside the Judgment and Decree dated October 31, 2003 made in A.S.No.26 of 2000 on the file of Subordinate Court, Thiruppathur confirming the Judgment and Decree dated September 28, 2000 made in O.S.No.833 of 1996 on the file of Principal District Munsif, Ambur.

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Page Nos.2/5

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

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For Appellant : Ms.Saranya For Mrs.V.Srimathi For Respondents : No Appearance

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JUDGMENT

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This Second Appeal has been filed praying to set aside the Judgment and Decree dated October 31, 2003 made in A.S.No.26 of 2000 on the file of Subordinate Court, Thiruppathur confirming the Judgment and Decree dated September 28, 2000 made in O.S.No.833 of 1996 on the file of Principal District Munsif, Ambur.

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2.The daily order dated March 13, 2026 and March 26, 2026 which reads thus:-

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March 13, 2026:

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Ms.B.Harini, representing Ms.V.Srimathi, Counsel on record for the Appellant is before this Court.

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2.Representing Counsel for the Appellant submits that the sole appellant passed away. She seeks two weeks time to file necessary memo in this regard.

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3.List the matter on 26.03.2026.

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Page Nos.3/5

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

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March 26, 2026:

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Ms.R.Anvitha, representing Mrs.V.Srimathi, Counsel on record for the Appellant is before this Court.

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2.Representing Counsel submits that the sole appellant passed away. Hence, she seeks two weeks time to file necessary Memo in this regard. Request acceded to.

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3.List the matter on April 21, 2026.

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3.Ms.Saranya, representing Mrs.V.Srimathi, Counsel on record for the

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Appellant submits that she seeks time to file necessary Memo in this regard.

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4.In view of the earlier order dated March 13, 2026 and March 26,

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2026, the Second Appeal stands abated. Accordingly, this Second Appeal is dismissed as abated. Considering the facts and circumstances of the case, there shall be no order as to costs.

29.04.2026

MSM