Chandra(Died) vs N.Krishnan(Died)

Citation : 2026 Latest Caselaw 48 Mad
Judgement Date : 6 January, 2026

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Madras High Court

Chandra(Died) vs N.Krishnan(Died) on 6 January, 2026

                                                                 1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 06.01.2026

                                                           CORAM:

                                    THE HONOURABLE MRS.JUSTICE N.MALA

                                             S.A(MD)NO.145 OF 2007


                     1.Chandra(died)

                     2.Kanakavalli

                     3.Indira

                     4.Nedunchezhian

                     (Second Appellant         is recorded as legal representative of the
                     deceased first appellant           and the           the appellants 3 and 4 are
                     brought on records as legal representatives of the deceased first
                     appellant as per order of this Court made in M.P(MD)Nos.4 and 5
                     of 2007 in A.S(MD)No.145 of 2007, dated 13.06.2007)
                                                           :Plaintiffs/ Respondents/Appellants

                                                 .vs.


                     1.N.Krishnan(died)

                     2.N.Kaliamoorthy

                     3.Ponnachi @ Halim Beeve

                     (Death of the first appellant is recorded vide memo in USR.No.227
                     of 2019 and as per order made in S.A(MD)No.145 of 2007,m dated
                     22.1.2019)
                                                    :Defendants/Appellants/Respondents
                     PRAYER: Second Appeal filed under Section 100 of Civil Procedure
                     Code         against the judgment        and decree passed in A.S.No.22 of




https://www.mhc.tn.gov.in/judis                ( Uploaded on: 07/01/2026 11:04:27 am )
                                                                  2

                     1995,          dated 03.12.1997, on the file of Subordinate Judge,
                     Kumbakonam reversing                the judgment and decree passed in
                     O.S.No.2 of 1986, dated 15.07.1994, on the file of District Munsif
                     Court, Kumbakonam.


                                       For Appellants              :No appearance

                                       For Respondent-1            :Died

                                       For Respondent-2            :Dismissed

                                       For Respondent-3            :Mr.G.Gomathi Sankar


                                                     JUDGMENT

************* When the matter was taken up for hearing on 04.12.2025, there was no representation for the appellants and hence, the matter was directed to be listed under the caption ‘’for dismissal’’ on 15.12.2025. Even on 15.12.2025, there was no representation for the appellants.Therefore to give further opportunity to the appellants, the matter was directed to be listed under the caption ‘’for dismissal’’ today. Even today, there is no representation on behalf of the appellants. Therefore, it is clear that the appellants are not interested in prosecuting the Second Appeal.

2.In view of the above, the Second Appeal stands dismissed for non-prosecution. No costs.

06.01.2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 11:04:27 am ) 3 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To

1.The Subordnate Judge, Kumbakonam.

2.The District Munsif, Kumbakonam.

Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 11:04:27 am ) 4 N.MALA, J.

vsn JUDGMENT MADE IN S.A(MD)NO.145 of 2007 06.01.2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 11:04:27 am )