Dismissed¶22

Jeganatha Pandian v. Rajapandi

Madras HC24 Feb 2026SA(MD)/866/2009

Case brief

AI extract

What is this about?

Second appeal dismissed as abated; deceased appellant; failure to bring legal heirs on record; lower court counsel unaware of appellant's present address; impleadment of legal heirs; Section 100 C.P.C; no costs; connected miscellaneous petition closed; Madurai Bench of Madras High Court; N. Mala J.; A.S.No.64 of 2006 Sub Court Paramakudi; O.S.No.38 of 2003 District Munsif cum Judicial Magistrate Court Kamuthi; decision dated 24.02.2026.

What did the court decide?

No relief to the appellant: Second Appeal dismissed as abated with no costs; connected miscellaneous petition closed; legal heirs of the appellant at liberty to approach the Court for impleadment, if so advised. ¶22

Jeganatha Pandian Vs Rajapandi — Madras HC (2026) — LawSathi Research

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SA(MD). No.866 of 2009

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 24.02.2026

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CORAM

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THE HONOURABLE MRS. JUSTICE N.MALA

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SA(MD). No.866 of 2009 and M.P(MD)No.1 of 2009

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Jeganatha Pandian

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... Appellant/Appellant/Plaintiff

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Vs.

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Rajapandi

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2.Irulappan

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3.Poopandi ... Respondents/Respondents/Defendants

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Prayer: Second Appeal is filed under Section 100 C.P.C against the judgment and decree in A.S.No.64 of 2006 dated 20.11.2007 on the file of the Sub Court, Paramakudi, confirming the judgment and decree in O.S.No.38 of 2003 dated 27.06.2006 on the file of the District Munsif cum Judicial Magistrate Court, Kamuthi.

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For Appellant : Mr.S.Siva Thilakar For R1 to R3 : No appearance

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J U D G M E N T

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When the matter was taken up for hearing on 22.01.2026, at the

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request of the learned counsel for the appellant for taking steps to bring

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1/4

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

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SA(MD). No.866 of 2009

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on record the legal heirs of the deceased appellant, the matter was directed to be listed on 11.02.2026. On 11.02.2026, when the matter was taken up for hearing, the learned counsel for the appellant took further time to take steps. Therefore, the matter was directed to be listed today i.e on 24.02.2026. When the matter is taken up for hearing today, the learned counsel for the appellant submits that he had contacted the lower court counsel who informed him that he does not know the present address of the appellant.

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Under such circumstances, this Court finds no justifiable reasons for keeping the Second Appeal pending. Hence, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. However, the legal heirs of the appellant are at liberty to approach this Court to get themselves impleaded in the Second Appeal, if so advised.

24.02.2026

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

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SA(MD). No.866 of 2009

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To,

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