S.Kasi Naicker v. S.S.Krishnasamy Naicker

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Kasi Naicker ...Appellant vs.

1.S.S.Krishnasamy Naicker 2.K.Suresh Kumar 3.S.Mookiah ... Respondents PRAYER: Second Appeal is filed under Section 100 of CPC, to set aside the judgment and decree dated 22.09.2005 made in A.S.No. 49/2005 on the file of Sub-Court, Kovilpatti, confirming the judgment and decree dated 08.02.2005 made in O.S.No.45 of 2003 on the file of District Munsif Court, Kovilpatti.

For Appellant : Mr.V.SadurthiRaja For R-1 : No Appearance For R-2 : dismissed for default vide Court order dated 10.01.2025 For R-3 : Mr.V.JaiKumar For Mr.R.Devaraj ***** 1/4

JUDGMENT

When the matter was taken up for hearing, Mr.V.SadurthiRaja learned Counsel appearing for Appellant would submit that during pendency of appeal, appellant had died and the matter stands abated. He also made the following endorsement:

"It is informed that the sole appellant has passed away. His legal heirs have not turned up and the particulars of the legal heirs are not known. Hence, this appeal shall be dismissed as abated."

2. In view thereof, this second appeal is dismissed as abated. No costs.

Index :Yes / No 06.01.2026 Internet :Yes / No NCC :Yes / No Nsr 2/4

To:

1.The Sub-Court, Kovilpatti.

2.The District Munsif Court, Kovilpatti.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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MOHAMMED SHAFFIQ , J.

Nsr Order made in 06.01.2026 4/4