Kolandasmay Gounder v. Rangasamy

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

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.

J U D G M E N T

2/5

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 To 1.The I Additional District Court, Erode.

2.The Section Officer, V.R.Section, High Court of Madras, 3/5

Chennai.

DR. A.D. MARIA CLETE, J ay A.S.No.770 of 2019 and C.M.P.No.23255 of 2019 4/5

17.10.2025 5/5