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Madras High CourtSA/383/2026dismissed

C. Kalyani Naicker v. Saravana Naicker

2026-06-12Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.C.Kalyani Naicker (Died) 2.Indirani 3.K.Elumalai 4.K.Sivagami 5.K.Murugan 6.K.Shanmugam ... Appellants (sole appellant died, A2 to A6 are brought on record as Lrs of the deceased sole appellant vide Court order dated 17.06.2025 made in C.M.P.No.20541 of 2021 in S.A.SR.No.37822/2001) vs.

1. Saravana Naicker 2.Raghava Naicker (Died) 3.Desingh 4.Indirani 5.Kuttia 6.Devendran 1/4

7.Chidambaram 8.Minor Parthiban 9.Minor Loganathan 10.Minor Sallapathy 11.S.Anandan 12.Balasundaram 13.Shanthi 14.Ponnammal 15.Indhirani 16.Kallachi 17.Sargunapathy ... Respondents (Minors 8 to 10 are represented by their mother and guardian Indirani) (R2-died, RR12 to 17 are brought on record as Lrs of the deceased R2 vide Court order dated 06.11.2025 made in CMP.No.947, 948, 949/2010 in SA.SR.No.37822/2001) PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree of the Courts below passed in A.S.No.19 of 1999, dated 09.03.2000 on the file of Principal District Judge, Chengalpattu, which confirmed the judgment and decree of the Trial Court in O.S.No.222 of 1993 on the file of the Court of District Munsif, Chengalpattu, dated 20.11.1998.

For Appellants : Mr.J.Srinivasa Mohan for M/s.TVJ Associates 2/4

J U D G M E N T

The learned counsel appearing for the appellants filed a Memo, dated 12.06.2026 stating that the main dispute in the suit regarding the Tamarind Tree and the Tamarind Tree is no longer in existence and hence, no further adjudication is required in this second appeal as the cause for the lis is no longer available. The memo filed by the learned counsel appearing for the appellants is recorded.

2. Accordingly, the Second Appeal is dismissed as no further adjudication is required. No costs.

12.06.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Principal District Court, Chengalpattu.

2.The District Munsif Court, Chengalpattu.

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S.SOUNTHAR, J.

dm 12.06.2026 4/4