Kolandasmay Gounder vs Rangasamy
2025 Latest Caselaw 7950 Mad

Madras High Court

Kolandasmay Gounder vs Rangasamy on 17 October, 2025

                                                                                          A.S. No.770 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 17.10.2025

                                                        CORAM:

                            THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE

                                                A.S.No.770 of 2019
                                                       and
                                              C.M.P.No.23255 of 2019

                     1.Kolandasmay Gounder
                     S/o. Nallathambi,
                     33, Passumai Nagar,
                     Pichandaampalayam Post,
                     Erode Main Road,
                     Perundurai, Erode District.

                     2.Palanisamy Gounder
                     S/O. Nallathambi,
                     No.34/5,
                     Kandampalayam Pirivu,
                     Erode Road, Perundurai
                     Erode District.                                      ...Appellants

                                              Vs.

                     1.Rangasamy
                     S/O. Chinnaiappa Gounder,
                     No.50/16, Sanankadu,
                     Pichandampalayam Post,
                     Erode Main Road, Opp To Maharaja Arts College,
                     Perundurai,
                     Erode District.

                     2.Krishnasamy
                     S/O. Saravana Gounder,

                     1/5


https://www.mhc.tn.gov.in/judis             ( Uploaded on: 22/10/2025 05:28:27 pm )
                                                                                                     A.S. No.770 of 2019

                     No.88/89, D.M.W.Pichandampalayam Post,
                     Erode Main Road, Opp To Maharaja Arts College,
                     Perundurai, Erode District

                     3.Chinnappa Gounder,
                     S/O. Chinna Gounder,
                     D.M.W.Pichandampalayam Post,
                     Erode Main Road, Opp To Maharaja Arts College,
                     Perundurai
                     Erode District

                     4.Nallappan
                     S/O. Chinna Gounder,
                     D.M.W. Pichandampalayam Post,
                     Erode Main Road, Opp Maharaja Arts College,
                     Perundurai
                     Erode District                                                          ...Respondents


                     PRAYER:
                                  Appeal Suit filed under Section 96 read with Order 41 Rule 1 of
                     Code of Civil Procedure to set aside the judgement and decree in Os
                     No.217/2015 dt 31/07/2019 on the file of the I Additional District Judge
                     Erode.


                     APPEARANCE OF PARTIES:
                                  For Appellants          : Ms.V.Srimathi.

                                  For Respondent      : R1 – refused.
                                                Mr.C.Ramaraj for R2 & R4.
                                                R3 – Died.


                                                         JUDGMENT

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 05:28:27 pm )

This case has been listed today under the caption 'Default cases'. It

is seen that R3 died and no steps have been taken from the year 2020 to

till date to implead the legal heirs of the deceased R3. It is also

submitted by the learned counsel for the appellant that both the

appellants died and no steps have been taken to implead the legal heirs of

the deceased appellants. Learned counsel for the respondents 2 and 4 is

present.

2.Hence, this appeal suit is dismissed as abated. No costs.

Consequently, the connected miscellaneous petition is closed.

17.10.2025

ay Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No

To

1.The I Additional District Court, Erode.

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 05:28:27 pm )

Chennai.

DR. A.D. MARIA CLETE, J

ay

and

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 05:28:27 pm )

17.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 05:28:27 pm )