Dismissed¶22

M.Rajan v. Chettiagounder

Madras HC16 Apr 2026SA/765/2021

Case brief

AI extract

What is this about?

Abatement of second appeal on death of sole appellant; Section 100 CPC appeal dismissed as abated; counsel's memo dated 16.04.2026; deceased appellant's sister declined to prosecute; Madras High Court; Coimbatore; OS No.1882 of 2000; AS No.17 of 2015; Cross Appeal No.17 of 2015; no costs; no substantive adjudication.

What did the court decide?

Recording the memo filed by the learned counsel for the appellant dated 16.04.2026 reporting the death of the sole appellant, the second appeal is dismissed as abated, with no order as to costs. ¶22

M.Rajan Vs Chettiagounder — Madras HC (2026) — LawSathi Research

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SA No. 765 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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SA No. 765 of 2021

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M.Rajan, S/o.Late Mariappa Pillai, Door No.10/1, Mariamman Koil Street, Sarkar Samakulam, Coimbatore 641107.

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..Appellant(s)

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Chettiagounder, S/o.Karuppanna Gounder, Thudiyalur Road, Sarkar Samakulam, Coimbatore 641107.

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The District Collector Coimbatore 641018.

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The Executive Officer Sarkar Samakulam Panchayat, Sarkar Samakulam Post, Coimbatore 641107.

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..Respondent(s)

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Prayer; Second Appeal filed under Section 100 of CPC to set aside the Judgment and Decree dated 18.11.2019 made in AS No.17 of 2015 and Cross Appeal No.17 of 2015 on the file of II Additional Subordinate Judge, Coimbatore, confirming the Judgment and Decree dated 27.11.2013 made in OS No.1882 of 2000 on the file of III Additional District Munsif , Coimbatore.

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For Appellant(s): Mr. N.Krishnakumar for M/s.Sarvabhauman Associates For Respondent(s): Mr.B.Tamilnidhi, Addl.Govt.Pleader for R2 and R3

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R1 - Died

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__________ Page1 of 3

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

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SA No. 765 of 2021

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JUDGMENT

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The learned counsel for the appellant filed a memo dated 16.04.2026 stating that the sole appellant, namely, Rajan is no more and he died as a bachelor. He also attached the copy of the letter sent by the counsel for the counter part in the trial court stating that the age old sister of the appellant is not interested in prosecuting the case.

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Recording the memo filed by the learned counsel for the appellant, dated 16.04.2026, this second appeal is dismissed as abated. There shall be no order as to costs.

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16-04-2026

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

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MST

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