P.K.Ponnusamy Gounder vs Muniappa Gounder
2025 Latest Caselaw 5136 Mad

Citation : 2025 Latest Caselaw 5136 Mad
Judgement Date : 20 June, 2025

Madras High Court

P.K.Ponnusamy Gounder vs Muniappa Gounder on 20 June, 2025

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                                        S.A.No.128 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 20.06.2025

                                                           CORAM:

                              THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                  S.A.No.128 of 2009
                                                         and
                                                 M.P.Nos.1 & 2 of 2009

                   1.P.K.Ponnusamy Gounder
                   2.P.Rajendran                                                            ...Appellants

                                                                Vs.

                   1.Muniappa Gounder
                   2.Kolandaivel Gounder
                   3.Easwaramoorthy
                   4.Peramayammal
                   5.M.P.Ramasamy
                   6.S.N.Rangasamy
                   7.S.C.Muniappan
                   8.M.Nallasamy
                   9.P.Marasamy                                                          ...Respondents

                              Second Appeal filed under Section 100 of Civil Procedure Code, to

                   allow the Second Appeal and set aside the Judgment and Decree passed in

                   A.S.No.54 of 2006 dated 29.09.2008 on the file of Additional District Court,

                   Fast Track Court – IV, Bhavani, Erode District reversing the Judgement and

                   Decree passed in O.S.No.296 of 2005 dated 02.03.2006 on the file of

                   1/6




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                                                                                         S.A.No.128 of 2009

                   Principal District Munsif Court, Bhavani, Erode District.

                                   For Appellants   : Mr.K.S.Jayaganesan
                                   For Respondents : Mr.T.Murugamanikam (For R3)
                                                     R1, R2, R4, R6, R7 & R8 – Died
                                                      v/c order dated 06.06.2025.


                                                         JUDGMENT

The Second Appeal has been instituted to set aside the Judgment and

Decree passed in A.S.No.54 of 2006 dated 29.09.2008 on the file of

Additional District Court, Fast Track Court – IV, Bhavani, Erode District

reversing the Judgement and Decree passed in O.S.No.296 of 2005 dated

02.03.2006 on the file of Principal District Munsif Court, Bhavani, Erode

District.

2. The first appellant had died. The second appellant, however, is the

son of the first appellant. The first and second respondents, who were the first

and second defendants have also died. The 4th, 5th, 7th and 8th respondents

have also died. They were also defendants in the suit. The second appeal has

not yet been admitted.

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3. The learned counsel for the appellants has filed a memo, which is as

follows:

                                    MEMO      FILED        BY      THE        COUNSEL     FOR   THE
                              APPELLANT

1) It is submitted that the above case was listed before the Joint Registrar (AS) on 12.03.2025 and was adjourned to 27.03.2025 for taking necessary steps to bring the legal heirs. Hence, I had sent notice to the 2nd appellant namely Rajendran by way of RPAD. The RPAD was returned as “in sufficient” address. Subsequently, the above case was listed for hearing on 27.03.2025 before the Joint Registrar (AS) and was adjourned by two weeks for taking necessary steps failing which the matter will be posted before the Court.

2) It is respectfully submitted that the above case came up for hearing on 06.06.2025 before this Hon'ble Court and the case was adjourned to 20.06.2025 for bringing the legal heirs of deceased 1st appellant as well as respondents 1, 2, 4, 6, 7, 8. In spite of my best efforts I am unable to contact parties hence could not get the particulars of the deceased 1st appellant as well as respondents 1, 2, 4, 6, 7, 8. Therefore, the Counsel for the appellant is constrained to report “No Instructions” from the appellant. The copy of the letter, dated 24.03.2025 is annexed herewith as proof.

Therefore, it is humbly prayed that this Hon'ble Court

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may be pleased to dismiss the above case as abated and thus render justice.

Dated at Chennai on this the 18th day of June, 2025.”

4. It is thus seen that the appeal suffers abatement and the Second

Appeal is liable to be dismissed on that ground. Accordingly, the Second

Appeal stands dismissed as abated. The appellants have not taken steps to

bring on record other Legal Representatives of the first appellant and also the

Legal Representatives of the deceased respondents. No costs. Connected

miscellaneous petitions are closed.

20.06.2025

kak