Madras High CourtAS(MD)/9/2020dismissed as abated

B.Meganathan v. N.Punithavathi

2026-06-02Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2026

CORAM

THE HONOURABLE MR JUSTICE P. VADAMALAI 1.B.Meganathan 2.B.Venkateswaran .. Appellants Vs.

1.N.Punithavathi 2.S.Ariharan 3.S.Aravindhan 4.A.Sekar .. Respondents Prayer : Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the judgment and decree dated 29.03.2016 made in O.S.No.1 of 2014 on the file of the learned II Additional District and Sessions Judge, Thanjavur, by allowing this appeal.

For Appellants : Mr.G.Kandha Vadivelan, Advocate For R1 to R3 : Mr.A.Mohamed Haneef, Advocate R4 : ex parte (vide in EB) 1/3

JUDGMENT

When the matter was taken up for hearing, the learned counsel for the appellants and the learned counsel for respondents 1 to 3 were present before this Court.

2. Upon perusal of the records, it is seen that both the appellants passed away in the year 2022 and that, for the past four years, the case has been pending for taking steps in respect of the deceased appellants.

3. The learned counsel for the appellants submitted that he has not received any instructions from the legal heirs of the deceased appellants.

4. In the absence of any steps having been taken to bring the legal heirs on record, and being left with no other option, this Appeal Suit is dismissed as abated. No costs.

02.06.2026 Index:Yes/No Speaking Order :Yes/No mkn 2/3

P. VADAMALAI , J.

mkn To The II Additional District and Sessions Court, Thanjavur.

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