Dismissed¶33

A.Elumalai v. K.Sahadevan

Madras HC2 Jun 2026SA/669/2007

Case brief

AI extract

What is this about?

Second Appeal dismissed as abated for failure to bring legal heirs/legal representatives of deceased sole appellant on record despite sufficient opportunity; Madras High Court; R.Sakthivel, J.; decided 02-06-2026; SA No. 669 of 2007; connected M.P.No.1 of 2007 closed; Section 100 CPC; challenge to A.S.No.40 of 2006 (Principal Sub Judge, Tiruvannamalai) reversing O.S.No.73 of 2005 (District Munsif, Tiruvannamalai); parties A.Elumalai (appellant/plaintiff) v. K.Sahadevan and S.Valli (respondents/defendants); sole appellant and first respondent died during pendency; impleading applications under scrutiny in Registry; no order as to costs; no merits adjudication; Tiruvannamalai; abatement of appeal.

What did the court decide?

None; Second Appeal dismissed as abated, connected Civil Miscellaneous Petition closed, no order as to costs.

A.Elumalai Vs K.Sahadevan — Madras HC (2026) — LawSathi Research

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SA No. 669 of 2007

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-06-2026

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CORAM

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THE HON'BLE MR.JUSTICE R.SAKTHIVEL

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SA No. 669 of 2007 and M.P.No.1 of 2007

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A.Elumalai

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S/o Adhimoola Gounder Varpakkam Village & Post Tiruvannamalai Taluk. .. Appellant/Respondent/

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Plaintiff

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Vs.

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K.Sahadevan S/o Kannu Gounder

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S.Valli W/o Sahadevan Kilakku Udukka Puravadai , Arpakkam Village & Post, Tiruvannamalai Taluk. ..Respondents/Appellants/ Defendants

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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 March 26, 2007, made in A.S.No.40 of 2006 on the file of Principal Sub Judge, Tiruvannamalai, reversing the Judgment and Decree dated February, 20, 2006 made in O.S.No.73 of 2005 on the file of District Munsif, Tiruvannamalai.

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For Appellant(s) : Ms.M.Saranya for Ms.V.Srimathi For Respondent(s) : Mr.K.S.Vishal for M/s.Sarvbhauman Associates N.Jaikumar - 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. 669 of 2007

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JUDGMENT

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This Second Appeal has been filed praying to set aside the Judgment and Decree dated March 26, 2007 made in A.S.No.40 of 2006 on the file of Principal Sub Judge, Tiruvannamalai, reversing the Judgment and Decree dated February, 20, 2006 made in O.S.No. 73 of 2005 on the file of District Munsif, Tiruvannamalai.

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The daily orders dated February 19, 2025; March 27, 2026 and April 20, 2026 this Court observed as follows:-

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February 19, 2025

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Today, when the matter taken up for hearing, both the learned counsel for appellants and respondents appeared. The learned counsel for appellants reported that sole appellant and 1^st respondent died and she had filed petitions for impleading legal heirs of 1^st respondent. Hence, she seeks time.

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2. Post the matter on 10.03.2025 along with the petitions in CMP.SR.Nos.27080 to 27085 of 2024.

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March 27, 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. She submits that the sole appellant as well as the first respondent died. In this regard, she filed necessary applications and the same are under scrutiny in the Registry. Hence, she seeks three weeks time. Request acceded to.

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3. List the matter on April 20, 2026.

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Page2 of 4

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

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SA No. 669 of 2007

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April 20, 2026

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Mr.Kalai Selvan, representing Mrs.V.Srimathi, learned counsel on record for the appellant submits that an application has been filed to bring on record the legal heir(s)/legal representative(s) of the sole appellant, and the same is under scrutiny before the Registry. Hence, he seeks two weeks’ time to follow up with the matter. His request is acceded to. Post this matter on 02.06.2026.

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Despite sufficient opportunity is given, the Appellant did not file proper application to bring on record the legal heir(s)/legal representative(s) of the sole appellant. Hence, this Second Appeal shall stand dismissed as abated. Consequently, connected Civil Miscellaneous Petition is closed. Considering the facts and circumstances of the case, there shall be no order as to costs.

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02-06-2026

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Index : Yes/No Internet : Yes/No kkd

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