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2021 DAILYLAW 4140 (MAD)

ANGAIYAN v. KALAVATHI

AS(MD)/133/2021 · 2026-07-02

P Vadamalai

Transfer Petitionbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.S(MD)No.133 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM: THE HONOURABLE MR.JUSTICE P.VADAMALAI A.S(MD)No.133 of 2021 Angaiyan, S/o.Ramasamy Chettiar, Door No.20/15, R.I. Office Road, Bodinayakanur Town, Theni District. ... Appellant/Plaintiff Vs. Kalavathi, W/o.Late.Kanagaraj, Door No.10C, Sabari Srinivasagan Bhavanam, T.R.R.Nagar, Bodinayakanur, Theni District. ...Respondent/Defendant PRAYER: Appeal Suit is filed under Section 96 of the Code of the Civil Procedure, to set aside the judgment and decree dated 19.11.2020 made in O.S.No.49 of 2013 on the file of the Principal District Judge,Theni. For Appellant : Mr.A.K.Manickam 1/4 https://www.mhc.tn.gov.in/judis A.S(MD)No.133 of 2021 JUDGMENT This Appeal suit is filed to set aside the judgment and decree dated 19.11.2020 made in O.S.No.49 of 2013 on the file of the Principal District Judge,Theni. 2.When the Appeal Suit was taken up for hearing on 25.06.2026, the learned counsel for the appellant sought time to take steps for the deceased sole respondent, hence, the case was posted today as "no further time will be granted". Even today (02.07.2026), the learned counsel for the appellant has not taken steps to implead the legal heirs of the sole respondent. The death of the sole respondent was reported by the learned counsel for the appellant on 13.12.2024. But for the past two years, the appellant has not taken any steps to implead the legal heirs of the sole respondent. 3.Hence, this Appeal Suit is dismissed for default. No costs. 02.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD 2/4 https://www.mhc.tn.gov.in/judis A.S(MD)No.133 of 2021 To 1.The Principal District Judge, Theni. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis A.S(MD)No.133 of 2021 P.VADAMALAI, J. VSD JUDGMENT MADE IN A.S(MD)No.133 of 2021 02.07.2026 4/4 https://www.mhc.tn.gov.in/judis