Unknown vs S.Jeeva Kala ... ...
2025 Latest Caselaw 7063 Mad

Madras High Court

Unknown vs S.Jeeva Kala ... ... on 15 September, 2025

                                                                                             S.A.No.863 of 2014


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 15.09.2025

                                                         PRESENT:

                                  THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

                                                S.A. No.863 of 2014
                                                         and
                                               M.P. Nos. 1 & 2 of 2014
                Sivabalan                                    ...Not a party to the suit
                                                             2nd Respondent / Appellant /

                                                  Vs.
                S.Jeeva Kala                                          ... Plaintiff/Appellant/Respondent

                PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code
                against the Judgment and Decree dated 18.02.2014 made in A.S.No.16 of 2012 on
                the file of the learned Principal Subordinage Judge, Salem, and reverse the
                judgment and decree in O.S.No.634 of 2009 dated 30.11.2011 on the file of the II
                Additional Munsif Court, Salem.


                PRAYER IN M.P.NO.1 OF 2024: To stay all further proceedings pursuant to the
                judgment and decree dated 18.02.2014 in A.S.No.16 of 2012 on the file of the
                learned Principal Subordinage Judge, Salem, reversing the judgment and decree in
                O.S.No.634 of 2009 dated 30.11.2011 on the file of the II Additional Munsif
                Court, Salem, pending disposal of the above second appeal.


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https://www.mhc.tn.gov.in/judis             ( Uploaded on: 16/09/2025 04:42:30 pm )
                                                                                             S.A.No.863 of 2014

                PRAYER IN M.P.NO.2 OF 2024: To restrain the respondent herein by an order
                of interim injunction from in any way interfering with the petitioner's peaceful
                possession and enjoyment of the properties more fully described in the schedule
                hereunder, which is the subjet matter of O.S.No.634 of 2009 on the file of the II
                Additional District Munsif Court, Salem, pending disposal of the above second
                appeal.


                                      For Appellant        : M/s.D/Shivakumaran
                                      For Respondent : M/s.P.Veena


                                                 JUDGMENT

Today, 15.09.2025, when the matter was taken up for hearing, the learned

counsel for the appellant submits that the sole appellant, namely, Sivabalan, had

died on 08.11.2024. No steps have been taken within prescribed period to bring

the legal representatives of the deceased appellant on record.

2.In these circumstances, the appeal has abated in its entirety. The appeal is

accordingly dismissed as abated. No costs. In consequence, connected

miscellaneous petitions are closed.

15.09.2025 cda Speaking Order / Non-speaking Order Index: Yes / No

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/09/2025 04:42:30 pm )

Neutral Citation : Yes / No

To

1.The Principal Subordinage Judge, Salem.

2.The II Additional Munsif Court, Salem.

3.The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/09/2025 04:42:30 pm )

DR. A.D. MARIA CLETE, J

cda

and M.P. Nos. 1 & 2 of 2014

Dated: 15.09.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/09/2025 04:42:30 pm )