G.Govinda Gramani Vs Manickkammal — Madras HC (2026) — LawSathi Research

G.Govinda Gramani Vs Manickkammal — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief to the appellant; second appeal dismissed as abated, with liberty expressly left to the legal representatives of the appellant to file an appropriate application in accordance with law if they intend to pursue the appeal; no costs; connected applications, if any, closed.

Issue for consideration

Whether the second appeal stood abated by operation of law owing to the death of the sole appellant and the failure to bring his legal representatives on record, warranting dismissal of the appeal as abated.

Court's answer

By operation of law, the second appeal stood abated, as the sole appellant had passed away long back and no steps had been taken to bring his legal representatives on record.

Ratio / Principle

In the circumstances, the second appeal is dismissed as abated.

Key takeaways

If the legal representatives of the appellant intend to pursue the second appeal, it is open to them to file an appropriate application in accordance with law; no costs awarded and connected applications, if any, shall stand closed.ratio¶28

Detailed headnote1 paragraphs

Second Appeal - Abatement - Death of sole appellant - Failure to bring legal representatives on record: In SA No. 623 of 2006 (Madras High Court, Mummineni Sudheer Kumar J., 25-02-2026), the sole appellant (G.Govinda Gramani) had died, and although this was brought to the court's notice as early as 11.03.2025 and the matter was adjourned from time to time, no legal representatives were brought on record even after more than a year. Noting that the second appeal had earlier been dismissed for non-prosecution on 02.09.2014 and restored on 31.01.2025, the court held that by operation of law the second appeal stood abated and dismissed it as abated, while making it clear that the legal representatives may file an appropriate application in accordance with law if they intend to pursue the appeal. Connected applications, if any, closed; no costs. (Prayer in the appeal was to set aside the judgment and decree in A.S.No.5 of 2005, Sub Court, Kanchipuram, dated 26.10.2005, confirming the judgment and decree in O.S.No.1201 of 1996, Principal District Munsif Court, Kanchipuram, dated 21.04.2004.)

SA No. 623 of 2006

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

SA No. 623 of 2006

G.Govinda Gramani

Appellant(s)

Vs

Manickkammal

2.A.Murugadoss

3.Harodoss

4.Lakshmidoss

5.Sujatha

Respondent(s)

PRAYER

To set aside the judgment and decree made in A.S.No.5 of 2005 on the file of the Sub Court, Kanchipuram dated 26.10.2005 confirming the decree and judgment made in O.S.No.1201 of 1996 on the file of the Principal District Munsif Court, Kanchipuram dated 21.04.2004.

For Appellant(s): Mr.E.Durai Vaiyapuri for Mr.M.P.Rajavelayutham For Respondent(s): Mr.A.Muthukumar

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

SA No. 623 of 2006

ORDER

As early as on 11.03.2025, it was brought to the notice of this court that the sole appellant was no more. Hence, the matter was adjourned from time to time for bringing on record the legal representatives of the deceased sole appellant. After a lapse of more than a year also, no steps have been taken as on date.

From the record, it is noticed that the present second appeal was dismissed for

non-prosecution once on 02.09.2014 and the same was restored on 31.01.2025.

Taking note of the fact that the sole appellant passed away long back and no

steps have been taken, by operation of law, the second appeal stood abated.

In the circumstances, the second appeal is dismissed as abated. However,

it is made clear that if the legal representatives of the appellant intend to pursue the second appeal, it is open to them to file an appropriate application in accordance with law. No costs. Consequently, connected applications, if any, shall stand closed.

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

25-02-2026

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

SA No. 623 of 2006

MUMMINENI SUDHEER KUMAR J.

skr

SA No. 623 of 2006

25-02-2026

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