Madras High Court
Selvaraj vs G. Sivan on 27 October, 2025
SA No. 1107 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
SA No. 1107 of 2008
& MP No.1 of 2008
1. Selvaraj
S/o. Lingappa Mudali,
Door No 4/9, Appasamy Naidu Street
Kaveripattinam Post, Krishnagiri Tk.
2. Anandhi,
W/o. Rajendiran, Door No.4/8
Appasamy Naidu Street,
Kaveripattinam Post,
Krishnagiri Tk.
Appellant(s)
Vs
1. G. Sivan,
S/o. C. Govinda Mudali,
4/15-A, Appasamy Naidu Street
Kaveripattinam Post, Krishnagiri Tk.
Respondent(s)
PRAYER
This Second Appeal has been filed as against the judgment and decree dated
1
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SA No. 1107 of 2008
25.04.2008 in A.S.No.8 of 2005 on the file of Principal Sub Court, Krishnagiri
in confirming the judgment and decree dated 10.12.2004 in O.S.No.180 of 1995
on the file of the District Munsif Court, Krishnagiri.
For Appellant(s): M/s. V.Srimathi
For Respondent(s): M/s V.Nicholas
ORDER
The present second appeal has been filed by the defendants 1 & 2 in the
suit. The said suit in O.S.No.180 of 1995 was filed on the file of the Court of
learned District Munsif, Krishnagiri for the mandatory injunction, was decreed
vide order dated 10.12.2004 and aggrieved by the same, the defendants 1 & 2,
who are the appellants herein filed A.S.No.8 of 2005 on the file of the Court of
learned Principal Subordinate Judge, Krishnagiri. The said appeal suit was
dismissed by the learned Subordinate Judge by judgment and decree dated
25.04.2008. It is aggrieved by the said judgement and decree dated 25.04.2008,
the present second appeal has been filed by the defendants 1 and 2.
2. On 01.10.2024, it was brought to the notice of this Court by the learned
counsel for the sole respondent that the sole respondent is no more. Hence, the
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matter was adjourned for taking appropriate steps. It was on 12.03.2025, the
learned counsel for the appellant also reported that the sole respondent is no
more and sought time for taking steps. Inspite of the same, no steps having
been taken. Consequently, the second appeal stands abated consequent upon the
death of the sole respondent/plaintiff.
3. In these circumstances, for want of taking steps to bring on record the
legal heirs of the sole respondent, the second appeal is dismissed as abated. No
costs. Consequently, connected miscellaneous petition is closed.
27-10-2025
dn
Index:Yes/No
Neutral Citation:Yes/No
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To
1.Principal Sub Court, Krishnagiri
2.District Munsif Court, Krishnagiri.
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MUMMINENI SUDHEER KUMAR, J.
dn
27-10-2025
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