Dismissed¶22

Kasiammal(Died) v. Muthusamy

Madras HC18 Mar 2026SA/56/2020

Case brief

AI extract

What is this about?

Abatement of second appeal; failure to implead legal representatives of deceased 1st respondent; decree held inseparable; decree for declaration and injunction; Section 100 CPC; Madras High Court; Jayankondam; Subordinate Judge A.S.No.10 of 2017; District Munsif O.S.No.104 of 2023; Kasiammal; Periasamy; Dharmalingam; Muthusamy; Govindasamy; Annamalai; appeal dismissed as abated; no costs; CMP No.1191 of 2020 closed.

What did the court decide?

Second appeal dismissed as abated; no order as to costs; connected miscellaneous petition (CMP No.1191 of 2020) closed. ¶22

Kasiammal(Died) Vs Muthusamy — Madras HC (2026) — LawSathi Research

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SA No. 56 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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SA No. 56 of 2020 and CMP No.1191 of 2020

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Kasiammal (Died)

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Periasamy S/o.Pakkiri Padayachi.

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Dharmalingam, S/o.Kunju Padayachi.

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..Appellant(s)

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Muthusamy S/o.Natesa Padayachi.

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Govindasamy S/o.Natesa Padayachi.

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Annamalai, S/o.Pichaipillai Padayachi.

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..Respondent(s)

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Prayer: Second Appeal is filed under Section 100 of CPC to allow the second appeal and to set aside the judgment and decree of the learned subordinate Judge, Jayankondam dated 25.04.2019 made in A.S.No.10 of 2017, reversing the judgment and decree dated 11.12.2012 made in O.S.No.104 of 2023, on the file of the District Munsif Court, at Jayankondam.

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For Appellant(s): Mr.M.Senthil Vadivu for A1 No Appearance for A2 For Respondent(s): R1 & R3 - Died Mr.T.C.Thirumalaisamy for R2

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Page1 of 4

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

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SA No. 56 of 2020

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JUDGMENT

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It is seen from the Memo filed by the learned counsel for the appellants dated 16.03.2026 and the connected records that the appellants 1 and 3 and 1^st respondent have died. Respondents 1 and 2 had obtained a decree for declaration and injunction. Since no steps have been taken to bring on records the legal representatives of the 1^st respondent/1st plaintiff, the Decree for declaration and injunction granted by the Court below in favour of the 1^st respondent has attained finality. The Decree passed by the Court below is inseparable. Therefore, in view of failure of the appellants to bring on record the legal representatives of the 1^st respondent, the appeal is dismissed as abated. There shall be no order as to costs. Connected miscellaneous petition is closed.

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18-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssr

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__________ Page2 of 4

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

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SA No. 56 of 2020

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