S.Kasi Naicker vs S.S.Krishnasamy Naicker

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Madras High Court

S.Kasi Naicker vs S.S.Krishnasamy Naicker on 6 January, 2026

Author: Mohammed Shaffiq

Bench: Mohammed Shaffiq

                                                                                       S.A.(MD)No.254 of 2006

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 06.01.2026

                                                         CORAM

                           THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

                                            S.A.(MD)No.254 of 2006
                                                      and
                                            C.M.P.(MD)No.2495 of 2006

                     S.Kasi Naicker                                                        ...Appellant
                                                              vs.
                     1.S.S.Krishnasamy Naicker

                     2.K.Suresh Kumar

                     3.S.Mookiah                                                           ... Respondents

                     PRAYER: Second Appeal is filed under Section 100 of CPC, to set
                     aside the judgment and decree dated 22.09.2005 made in A.S.No.
                     49/2005 on the file of Sub-Court, Kovilpatti, confirming the judgment
                     and decree dated 08.02.2005 made in O.S.No.45 of 2003 on the file of
                     District Munsif Court, Kovilpatti.
                                  For Appellant          : Mr.V.SadurthiRaja
                                  For R-1                : No Appearance
                                  For R-2                : dismissed for default vide Court order
                                                           dated 10.01.2025
                                  For R-3                : Mr.V.JaiKumar
                                                           For Mr.R.Devaraj

                                                           *****


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                                                                                              S.A.(MD)No.254 of 2006



                                                            JUDGMENT

When the matter was taken up for hearing, Mr.V.SadurthiRaja learned Counsel appearing for Appellant would submit that during pendency of appeal, appellant had died and the matter stands abated. He also made the following endorsement:

“It is informed that the sole appellant has passed away. His legal heirs have not turned up and the particulars of the legal heirs are not known. Hence, this appeal shall be dismissed as abated.”

2. In view thereof, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.

                     Index              :Yes / No                                                   06.01.2026
                     Internet           :Yes / No
                     NCC                :Yes / No
                     Nsr




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                                                                                      S.A.(MD)No.254 of 2006




                     To:

1.The Sub-Court, Kovilpatti.

2.The District Munsif Court, Kovilpatti.

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

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 05:38:16 pm ) S.A.(MD)No.254 of 2006 MOHAMMED SHAFFIQ, J.

Nsr Order made in S.A.(MD)No.254 of 2006 06.01.2026 4/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 05:38:16 pm )