Balavelayudham vs Suriyanarayanan
2025 Latest Caselaw 8551 Mad

Madras High Court

Balavelayudham vs Suriyanarayanan on 12 November, 2025

                                                                                       SA No. 1519 of 2011



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 12-11-2025

                                                         CORAM

                                  THE HONOURABLE DR.JUSTICE R.N.MANJULA

                                                SA No. 1519 of 2011



                1. Balavelayudham,
                S/o.Balagurusamy, No.44/20,
                Pattamangala Street, Mayiladuthurai,
                Nagapattinam District.
                                                                                       Appellant(s)

                                                              Vs

                1. Suriyanarayanan,
                S/o.M.S.Krishnamurthy, No.16/26, 1st
                Street, Gill Nagar, Choolaimedu,
                Chennai-600 094

                2.Srinivasan,
                S/o.M.S.Krishnamurthy, No.245//30
                R.K.Mutt Road, Mylapore, Chennai-
                600 004

                3.Parasuraman,
                S/o.M.S.Krishnamurthy,
                No.245/29.R.K. Mutt Road, Mylapore,
                Chennai-600 004

                4.Ramamurthy,
                S/o.M.S.Krishnamurthy,
                No.245/32.R.K. Mutt Road, Mylapore,


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                                                                                          SA No. 1519 of 2011



                Chennai-600 004

                5.Ponnusamy,
                S/o.M.S.Krishnamurthy, Plot No.38,
                Jubilee Road, West Mambalam,
                Chennai-600 017

                6.Ganesh,
                S/o.M.S.Krishnamurthy,
                No.245/31.R.K. Mutt Road, Mylapore,
                Chennai-600 004

                7.Sankaran,
                S/o.M.S.Krishnamurthy,
                No.245/31.R.K. Mutt Road, Mylapore,
                Chennai-600 004
                                                                                          Respondent(s)


                PRAYER : Second Appeal filed under section 100 of Code of Civil Procedure
                against the judgment and decree passed in A.S.No.28 of 2010 dated 04.07.2011
                on the file of the District Court, Nagapattinam confirming the judgment and
                decree passed in O.S.No.33 of 2004 dated 01.07.2010 on the file of the
                Principal Subordinate Court, Mayiladuthurai.


                                  For Appellant(s):       M/s.A.Muthukumar

                                  For Respondent(s):      M/s.P.Mahadevan For R1
                                                          M/s.V.Mani For R2 R4 And R6
                                                          M/s.R.Angalaparameswari For
                                                          R3 And R5




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                                                                                       SA No. 1519 of 2011



                                                     JUDGMENT

This Second Appeal has been filed challenging the judgment and decree

passed in A.S.No.28 of 2010 dated 04.07.2011 on the file of the District Court,

Nagapattinam confirming the judgment and decree passed in O.S.No.33 of 2004

dated 01.07.2010 on the file of the Principal Subordinate Court, Mayiladuthurai.

2. When the matter is taken up today, the learned counsel appearing for

the third and fifth respondents submitted that the sole appellant died on

20.01.2012 and he had also produced the death certificate of the appellant. The

learned counsel appearing for the appellant also accepts that the appellant died,

however, he is not aware of the date of death of the appellant.

3. In view of the above submissions, this Second Appeal is dismissed as

abated. No costs.

12-11-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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To

1. The District Judge, Nagapattinam.

2. The Subordinate Judge, Myladuthurai.

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Dr.R.N.MANJULA, J.

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12-11-2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/11/2025 02:33:02 pm )