K.Balakrishnan vs Mr.K.Prabakaran
2025 Latest Caselaw 965 Mad

Madras High Court

K.Balakrishnan vs Mr.K.Prabakaran on 15 July, 2025

Author: G.Jayachandran

Bench: G. Jayachandran

                                                                                       AS.No.113 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 15-07-2025

                                                         CORAM

                             THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

                                               AS No. 113 of 2022
                                                     AND
                                              CMP NO. 4284 OF 2022
                K.Balakrishnan
                S/o.Late.M.Kannakurup,
                Old No.21-A, Madhavapuram East
                Street, Alandur,
                Chennai 600 016.
                                                               ...Appellant(s)
                                                              Vs.
                1. Mr.K.Prabakaran
                S/o.Late.M.Kannakurup, Nandukandi
                House, Ramanattukara, Calicut, Now at
                No. 157/1, VambuliammanKoil Street,
                Madipakkam, Chennai 600 091.

                2. K.Gopinath
                S/o.late.M.Kannakurup
                No. 157/1, VambuliammanKoil Street,
                Madipakkam, Chennai 600 091.

                3. K.Padmavathy
                D/o.late.M.Kannakurup
                W/o. K.Padbanaba Nambiar, Bharatiar
                Nagar, Second Street, Ernavur,
                Chennai 600 057.




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                                                                                          AS.No.113 of 2022



                4. K.Thangam
                D/o.late.M.Kannakurup W/o.Narayana
                Nambiar, No. 121/24, Fourth Street,
                West Balaji Nagar, Kallikuppam,
                Ambathur, Chennai 053.

                5. K.Ramadevi
                D/o.Late.M.Kannakurup
                W/o.K.Chandran, Cheriamaniyoth
                House, Vellikkulangare,
                Vadakara, Calicut.                                 ... Respondent(s)

                Prayer:- Appeal Suit has been filed under Section 96 and Order 41, Rule 1 of

                C.P.C., to set aside the Decree and Judgment passed by the Trial Court in

                O.S.No. 6545 of 2011 dated 30.01.2020 on the file of the VII Additional City

                Civil Court, Chennai.


                                  For Appellant(s):       Mr.K.J. Parthasarathy

                                  For Respondent(s):      Mr.J. Saravana Vel, for R2 to R5
                                                          R1-Died

                                                            ORDER

When the case was listed on 04.06.2025, the learned counsel for the

1st respondent submitted that the 1st respondent died on 17.11.2024 and the same

was intimated to the appellant's counsel. Accordingly, the case was posted on

17.11.2024 for taking necessary steps to bring the legal representatives of the

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deceased respondent on record and the matter was adjourned by three weeks.

Subsequently, when the case was listed on 25.06.2025, the Registry was

directed to post the matter along with the legal representative petition and the

matter was adjourned. Once again, on 14.07.2025, when the case was listed, the

learned counsel for the appellant is not ready and the matter was adjourned to

15.07.2025.

2. Today, when the case was taken up for hearing, the learned

counsel for the appellant, despite granting adjournments, is not ready to argue

the matter and he has also not taken steps to bring on record the legal heirs of

the 1st respondent. Due to the non-cooperation of the learned counsel, the case

could not be decided on merits.

3. Hence, the Appeal Suit is dismissed. There shall be no order as

to costs. Consequently, connected Miscellaneous Petition is closed.

15-07-2025

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G.JAYACHANDRAN J.

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To,

1. The VII Additional City Civil Court, Chennai.

2. The Section Officer, V.R.Section, High Court, Madras.

AND CMP NO. 4284 OF 2022

15-07-2025

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