S.Gurusamy vs Gurusamy (Died)
2025 Latest Caselaw 922 Mad

Madras High Court

S.Gurusamy vs Gurusamy (Died) on 14 July, 2025

                                                                                       S.A.(MD)No.340 of 2019


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 14.07.2025

                                                           CORAM

                                  THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

                                             S.A.(MD)No.340 of 2019
                                                      and
                                           C.M.P.(MD)No.6692 of 2019

                     S.Gurusamy                                                       ... Appellant

                                                                 vs

                     Gurusamy (Died)
                     1.Ponnuthai
                     2.Ganaguru
                     3.Gurunathan                                                     ...Respondents

                     PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
                     Procedure, to set aside the judgment and decree passed by the Court of the
                     Additional District Judge, Srivilliputhur, Virudhunagar District in A.S.No.
                     31 of 2013 on 19.12.2018 in reversing the well considered judgment and
                     decree passed by the Court of the Subordinate Judge, Srivilliputhur in
                     O.S.No.23 of 2008, on 28.06.2013.


                                       For Appellant    : Mr.P.Kannan
                                       For Respondents : Mr.M.V.M.Ashok Kumar
                                                     *****




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                                                                                                S.A.(MD)No.340 of 2019




                                                             JUDGMENT

The sole appellant in the appeal died as early as on 27.12.2024 and

the appeal has already abated. However, when the Second Appeal was

listed on 27.06.2025, the learned Counsel for the appellant sought

adjournment to take steps to substitute the legal heirs of the deceased

appellant and the appeal was adjourned to today, ie., on 14.07.2025.

2.Even today, ie., on 14.07.2025, when the Second Appeal is listed,

steps has not been taken by the learned Counsel for the appellant.

Considering the fact that the appeal has already been abated and no steps

has been taken to bring the legal heirs of the deceased appellant on record,

the Second Appeal is dismissed as abated. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                                 14.07.2025
                     Internet           :Yes/No
                     Index              :Yes/No
                     NCC                :Yes/No

                     cmr








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                     To

1.The Additional District Judge, Srivilliputhur, Virudhunagar District.

2.The Subordinate Judge, Srivilliputhur. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:53 pm )

G.ARUL MURUGAN, J.

cmr

Judgment made in

14.07.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:53 pm )