SA No. 56 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR SA No. 56 of 2020 and CMP No.1191 of 2020 Kasiammal (Died) 1. Periasamy S/o.Pakkiri Padayachi. 2. Dharmalingam, S/o.Kunju Padayachi. ..Appellant(s) Vs 1. Muthusamy S/o.Natesa Padayachi. 2. Govindasamy S/o.Natesa Padayachi. 3. Annamalai, S/o.Pichaipillai Padayachi. ..Respondent(s) Prayer: Second Appeal is filed under Section 100 of CPC to allow the second appeal and to set aside the judgment and decree of the learned subordinate Judge, Jayankondam dated 25.04.2019 made in A.S.No.10 of 2017, reversing the judgment and decree dated 11.12.2012 made in O.S.No.104 of 2023, on the file of the District Munsif Court, at Jayankondam. For Appellant(s): Mr.M.Senthil Vadivu for A1 No Appearance for A2 For Respondent(s): R1 & R3 - Died Mr.T.C.Thirumalaisamy for R2 __________ Page1 of 4 https://www.mhc.tn.gov.in/judis SA No. 56 of 2020 JUDGMENT It is seen from the Memo filed by the learned counsel for the appellants dated 16.03.2026 and the connected records that the appellants 1 and 3 and 1st respondent have died. Respondents 1 and 2 had obtained a decree for declaration and injunction. Since no steps have been taken to bring on records the legal representatives of the 1st respondent/1st plaintiff, the Decree for declaration and injunction granted by the Court below in favour of the 1st respondent has attained finality. The Decree passed by the Court below is inseparable. Therefore, in view of failure of the appellants to bring on record the legal representatives of the 1st respondent, the appeal is dismissed as abated. There shall be no order as to costs. Connected miscellaneous petition is closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssr __________ Page2 of 4 https://www.mhc.tn.gov.in/judis SA No. 56 of 2020 To 1.The Subordinate Judge, Jayankondam. 2.The District Munsif, Jayankondam. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis SA No. 56 of 2020 S.SOUNTHAR, J. ssr SA No. 56 of 2020 18-03-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis