Baskaran v. Gnanambal,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.15990 of 2021 Baskaran ... Appellant vs.

1.Gnanmbal 2.Kalavathy 3.Gunasekaran 4.Kumar 5.Ravichandran 6.Kumaresan 7.Akbar Bai ... Respondents PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree of the learned Additional District Judge, Tiruvannamalai dated 29.07.2021 made in A.S.No.3 of 2017 thereby confirming the decree and judgment of the learned Principal Subordinate Judge, Tiruvannamalai dated 02.11.2015 made in O.S.No.38 of 2011.

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For Appellant : Mr.A.Nirmal Kumar for M/s.R.Rajarajan For R4 : Mr.V.Prakash Babu For R5 : Mr.M.Roshan Atiq For R1 : Died For R2 : Dismissed For R3 and R7 : No Appearance For R6 : Refused

J U D G M E N T

The learned counsel appearing for the appellant failed to pay batta for taking fresh notice to the 2nd respondent, within the time stipulated by the earlier order of this Court dated 28.04.2026.

2. In view of the self-contained order passed by this Court dated 28.04.2026, the Second Appeal is dismissed as against the 2nd respondent.

3. It is seen from the records the second appeal is arising out of suit for partition filed by the appellant. Since the decree dismissing the suit in so far as one of the sharer namely the 2nd respondent herein has attained 2/4

finality, by virtue of dismissal of the second appeal as against the 2nd respondent herein due to non-payment of batta, no purpose will be served by keeping the second appeal pending against the other respondents. The decree for partition is inseparable one. Hence, the second appeal cannot be proceeded against other respondents/sharers.

4. Therefore, the Second Appeal is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 24.06.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Additional District Court, Tiruvannamalai.

2.The Principal Subordinate Court, Tiruvannamalai.

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S.SOUNTHAR, J.

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