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R.N.Elumalai Vs Loganayakiammal @ Logammal (Died) — Madras HC (2026) — LawSathi Research

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Madras HC
2026
R.N.Elumalai Vs Loganayakiammal @ Logammal (Died)R.N.Elumalai v. Loganayakiammal @ Logammal (Died)

Dismissed¶30

R.N.Elumalai v. Loganayakiammal @ Logammal (Died)

Madras HC27 Mar 2026SA/9/2020

Case brief

AI extract

What is this about?

Abatement of appeal; death of sole appellant recorded 12.08.2024; legal representatives not brought on record; second appeals dismissed as abated; filed under Section 100 of the Code of Civil Procedure; S.A.Nos. 9 and 10 of 2020; A.S.Nos. 504 and 503 of 2012 (VI Additional Judge, City Civil Court, Chennai, 22.02.2019); O.S.Nos. 1781 and 6028 of 2004 (XV Assistant Judge, City Civil Court, Chennai, 21.09.2012); C.M.P.No.27357 of 2019 closed; High Court of Judicature at Madras; S. Sounthar J.; judgment dated 27.03.2026; no order as to costs; appellants included R.N.Elumalai, Geetha, Kasthuri, E.Arul Nathan, Leelavathi; respondents included Loganayakiammal @ Logammal (deceased), Chockammal, V.Amirthavalli, M/s.Jayachandra Builders.

What did the court decide?

No relief; both second appeals (Nos. 9 and 10 of 2020) dismissed as abated, no order as to costs, and the connected miscellaneous petition (C.M.P.No.27357 of 2019) closed.

Why is it important?

The death of the sole appellant had been recorded by this court as early as 12.08.2024, but till the date of this judgment no steps had been taken to bring on record the Legal Representatives of the deceased sole appellant. ¶29

What the court decided

AI extract

Outcome

No relief; both second appeals (Nos. 9 and 10 of 2020) dismissed as abated, no order as to costs, and the connected miscellaneous petition (C.M.P.No.27357 of 2019) closed.

Ratio / Principle

The death of the sole appellant had been recorded by this court as early as 12.08.2024, but till the date of this judgment no steps had been taken to bring on record the Legal Representatives of the deceased sole appellant.

Key takeaways

In view of the failure to bring on record the Legal Representatives of the deceased sole appellant, these second appeals are dismissed as abated.ratio¶30
There shall be no order as to costs, and consequently the connected miscellaneous petition is closed.ratio¶31

Detailed headnote1 paragraphs

High Court of Judicature at Madras (S. Sounthar, J.), common judgment dated 27.03.2026 in Second Appeal Nos. 9 and 10 of 2020 and C.M.P.No.27357 of 2019: the appeals arose from the judgments and decrees dated 21.09.2012 in O.S.No.1781 of 2004 and O.S.No.6028 of 2004 (XV Assistant Judge, City Civil Court, Chennai), which were confirmed on 22.02.2019 by the judgments and decrees in A.S.No.504 of 2012 and A.S.No.503 of 2012 respectively (VI Additional Judge, City Civil Court, Chennai). Because the death of the sole appellant had been recorded by the High Court as early as 12.08.2024 and no steps had been taken till date to bring on record the Legal Representatives of the deceased sole appellant, both second appeals were dismissed as abated. There was no order as to costs and the connected miscellaneous petition was closed. The merits of the underlying litigation were not addressed.

A

Second Appeal Nos.9 and 10 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2026

Coram

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

Second Appeal Nos.9 and 10 of 2020 and C.M.P.No.27357 of 2019

S.A.No.9 of 2020:

R.N.Elumalai

.. Appellant

Vs. Loganayakiammal @ Logammal (deceased) 1.Chockammal 2.V.Amirthavalli

3.M/s.Jayachandra Builders

.. Respondents

Second Appeal filed under Section 100 of the Code of Civil Procedure praying to set aside the judgment and decree dated 22.02.2019 passed in A.S.No.504 of 2012 on the file of the VI Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 21.09.2012 passed in O.S.No.1781 of 2004 on the file of XV Assistant Judge, City Civil Court, Chennai and decree the suit as prayed for with costs.

For Appellant : Mr.T.Srinivasa Raghavan For Respondents : Mr.R.Munusamy for R1

1/4

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

Second Appeal Nos.9 and 10 of 2020

S.A.No.10 of 2020:

1.R.N.Elumalai 2.Geetha 3.Kasthuri 4.E.Arul Nathan 5.Leelavathi

.. Appellants

Vs.

1.Chockammal 2.V.Amirthavalli

.. Respondents

Second Appeal filed under Section 100 of the Code of Civil Procedure praying to set aside the judgment and decree dated 22.02.2019 passed in A.S.No.503 of 2012 on the file of the VI Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 21.09.2012 passed in O.S.No.6028 of 2004 on the file of XV Assistant Judge, City Civil Court, Chennai and the Lower Appellate Court thereby dismissing the first appeal and confirming the decree and judgment of the trial Court dismissing the suit.

For Appellant : Mr.T.Srinivasa Raghavan For Respondents : Mr.R.Munusamy for R1

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

Second Appeal Nos.9 and 10 of 2020 C O M M O N JUDGMENT

Though the death of sole appellant was recorded by this court as early as on 12.08.2024. Till date, steps have not been taken to bring on record the Legal Representatives of the deceased sole appellant.

In view of the above, these second appeals are dismissed as abated.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

27.03.2026

Index: Yes/No NCC:Yes/No Speaking Order/Non-speaking order ub

To

1.The VI Additional Judge, City Civil Court, Chennai. 2.The XV Assistant Judge, City Civil Court, Chennai.

3/4

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Second Appeal Nos.9 and 10 of 2020

S.SOUNTHAR, J. ub

Second Appeal Nos.9 and 10 of 2020

27.03.2026

4/4

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

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgments and decrees dated 22.02.2019 passed in A.S.No.504 of 2012 (challenged in S.A.No.9 of 2020) and in A.S.No.503 of 2012 (challenged in S.A.No.10 of 2020) on the file of the VI Additional Judge, City Civil Court, Chennai, each confirming the judgment and decree dated 21.09.2012 of the XV Assistant Judge, City Civil Court, Chennai in O.S.No.1781 of 2004 and O.S.No.6028 of 2004 respectively.¶13
VI Additional Judge, City Civil Court, Chennai · 22.02.2019
Prior proceeding
Trial stage of the suit underlying S.A.No.9 of 2020: O.S.No.1781 of 2004 on the file of the XV Assistant Judge, City Civil Court, Chennai, judgment and decree dated 21.09.2012.¶13
Prior proceeding
First appeal in respect of O.S.No.1781 of 2004: A.S.No.504 of 2012 before the VI Additional Judge, City Civil Court, Chennai, decided on 22.02.2019; sought to be set aside by S.A.No.9 of 2020, in which the appellant prayed that the suit be decreed as prayed for with costs.¶13
Prior proceeding
Trial stage of the suit underlying S.A.No.10 of 2020: O.S.No.6028 of 2004 on the file of the XV Assistant Judge, City Civil Court, Chennai, judgment and decree dated 21.09.2012; the trial Court dismissed the suit.¶24
Prior proceeding
First appeal in respect of O.S.No.6028 of 2004: A.S.No.503 of 2012 before the VI Additional Judge, City Civil Court, Chennai; the Lower Appellate Court dismissed the first appeal and confirmed the trial Court's decree and judgment dismissing the suit; challenged via S.A.No.10 of 2020.¶24
Prior proceeding
In the present second appeals: death of the sole appellant recorded by this court on 12.08.2024; till the date of judgment, no steps taken to bring on record the Legal Representatives of the deceased sole appellant.¶29

Parties & counsel

AI extract

appellant
R.N.Elumalai¶8
T.Srinivasa Raghavan
respondent
Loganayakiammal @ Logammal (deceased)¶10
respondent
Chockammal¶10
R.Munusamy
respondent
V.Amirthavalli¶10
respondent
M/s.Jayachandra Builders¶11
appellant
R.N.Elumalai¶19
T.Srinivasa Raghavan
appellant
Geetha¶19
T.Srinivasa Raghavan
appellant
Kasthuri¶19
T.Srinivasa Raghavan
appellant
E.Arul Nathan¶19
T.Srinivasa Raghavan
appellant
Leelavathi¶19
T.Srinivasa Raghavan
respondent
Chockammal¶22
R.Munusamy
respondent
V.Amirthavalli¶22

Coram

AI extract

S.Sountharauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Mar 2026 · March
Registered: 7 Jan 2020
Case no.: SA/9/2020
CNR: HCMA011282792019
Bench: S. Sounthar
Disposal: DISMISSED AS ABATED
Case type: Second Appeal

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Cite this judgement

R.N.Elumalai v. Loganayakiammal @ Logammal (Died), SA/9/2020 (MAD), decided on 27 March 2026.

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

Statutes1

Code of Civil ProcedureSection 100

View all statutes

Procedural history6

Judgments and decrees dated 22.02.2019 passed in A.S.No.504 of 2012 (challenged in S.A.No.9 of 2020) and in A.S.No.503 of 2012 (challenged in S.A.No.10 of 2020) on the file of the VI Additional Judge, City Civil Court, Chennai, each confirming the judgment and decree dated 21.09.2012 of the XV Assistant Judge, City Civil Court, Chennai in O.S.No.1781 of 2004 and O.S.No.6028 of 2004 respectively.VI Additional Judge, City Civil Court, Chennai · 22.02.2019
Trial stage of the suit underlying S.A.No.9 of 2020: O.S.No.1781 of 2004 on the file of the XV Assistant Judge, City Civil Court, Chennai, judgment and decree dated 21.09.2012.
First appeal in respect of O.S.No.1781 of 2004: A.S.No.504 of 2012 before the VI Additional Judge, City Civil Court, Chennai, decided on 22.02.2019; sought to be set aside by S.A.No.9 of 2020, in which the appellant prayed that the suit be decreed as prayed for with costs.

View full history

Bench / Coram

S.Sounthar

Parties & counsel