Madras High CourtAS/136/2007dismissed as abated

Chellappan, (Died) v. Chinnasamy,

2025-09-18Honourable Mr.Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.S.No.136 of 2007:

1.Chellappan (Died) 2.Saraswathi ... Appellants (2nd Appellant LRs of the deceased 1st Appellant viz., Chellappan as per memo dated 22.11.2021 (presented at court) vide Court order dated 22.11.2021 made in A.S.Nos.136 to 138/2007) vs.

1.Chinnasamy 2.Deivasigamani 3.Chellammal 4.Jayalakshmi 5.Balasubramaniam (Died) 6.Devaki 7.Karuppanna gounder 8.Sengodan 1/8

9.Palanisamy 10.Chenniappan @ Kannan 11.Arumugam 12.Valliammal 13.Chandra @ Rajeswari 14.P.K.Natarajan 15.Minor Ashock S/o.Natarajan Rep by his Guardian and Father Natarajan Olappalayam, Kodumanal Village, Chennimalai Post, Perundurai Vattam Erode District.

16.B.Malathi 17.B.Arunraj 18.B.Aravindh ... Respondents (R5-Died, RR16 to 18 are brought on record as LR's of deceased 5th Respondent viz., Balasubramaniam, vide order of Court dated 08.06.2023 made in A.S.Nos.136, 137 and 138/2007) PRAYER: This First Appeal filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 25.08.2006 made in O.S.No.2 of 2003 on the file of the Additional District Judge and Fast Track Court No.1, Erode.

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For Appellants : Mr.S.Kolandasamy For R1 and R2 : Mr.G.R.M.Palaniappan For R5 : Died For R4, R6, R7, R9, R10, R11, R14 and R15 : No Appearance For R8, R12 and R13 : Dismissed A.S.No.137 of 2007:

1.Balasubramaniam (Died) 2.Chellammal 3.Jayalakshmi 4.Devaki 5.Karuppanna gounder 6.Sengoda Gounder 7.Palanisamy 3/8

8.Chenniappan 9.Chinnasamy 10.Deivasigamani 11.Thangaraj 12.Arumugam 13.Valliammal 14.Chandra @ Rajeswari 15.Natarajan 16.Minor Ashok S/o.Natarajan Rep by his Guardian and Father P.K.Natarajan Olappalayam, Kudumanal Village, Chennimalai Post, Perundurai Vattam Erode District.

17.B.Malathi 18.B.Arunraj 19.B.Aravindh ... Respondents (R1-Died, RR17 to 19 are brought on record as LR's of deceased 1st Respondent viz., Balasubramaniam, vide order of Court dated 08.06.2023 made in A.S.Nos.136, 137 and 138/2007) 4/8

PRAYER: This First Appeal filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 25.08.2006 made in O.S.No.3 of 2003 on the file of the Additional District Judge and Fast Track Court No.1, Erode.

For Appellants : Mr.S.Kolandasamy For R9 : Mr.G.R.M.Palaniappan For R1 : Died For R2, R3, R4, R5, R7, R8, R12, R15 and R16 : No Appearance For R6, R11, R13 & R14 : Dismissed For 17 to R19 : Not Ready in Notice A.S.No.138 of 2007:

1.Balasubramaniam (Died) 2.Chinnasamy 3.Deivasigamani 5/8

4.B.Malathi 5.B.Arunraj 6.B.Aravindh ... Respondents (R1-Died, RR4 to 6 are brought on record as LR's of deceased 1st Respondent viz., Balasubramaniam, vide order of Court dated 08.06.2023 made in A.S.Nos.136, 137 and 138/2007) PRAYER: This First Appeal filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 25.08.2006 made in O.S.No.8 of 2003 on the file of the Additional District Judge and Fast Track Court No.1, Erode.

For Appellants : Mr.S.Kolandasamy For R2 and R3 : Mr.G.R.M.Palaniappan For R1 : Died For R4 to R6 : Not Ready in Notice C O M M O N O R D E R The learned counsel appearing for the appellants would submit that both the appellants in all these appeals are dead and legal representatives have not approached him to take steps to bring them on record. 6/8

2. Recording the said statement, all these appeals are dismissed as abated. No costs.

18.09.2025 Index : Yes/No Speaking order : Yes/No : Yes/No dm To The Additional District Judge and Fast Track Court No.1, Erode.

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S.SOUNTHAR, J.

dm 18.09.2025 8/8