Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 47870 (MAD)

M. BALACHANDRAN v. KANNAMMAL

SA(MD)/894/2010 · 2026-07-09

K K Ramakrishnan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.07.2026 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN S.A.(MD).No.894 of 2010 1.M.Balachandran 2.M.Sabapathi Appellants Vs. 1.Kannammal 2.Dhanapal 3.V.Muniyandi Respondents PRAYER:- Second Appeal has been filed under Section 100 of C.P.C., to set aside the judgment and decree dated 22.07.2009 made in A.S.No.263 of 2007 on the file of the Principal District Judge, Trichy confirming the judgment and decree dated 19.09.2005 made in O.S.No.198 of 2001 on the file of the District Munsif Court, Manaparai. For Appellants :Mr.T.Vadivelan For respondent : Died R1 and R2 : Mr.J.Madhu for R3 1/4 https://www.mhc.tn.gov.in/judis ORDER On 01.07.2026, this Court passed the following order: This case has been listed before this Court since the year 2022 for the appellant to take steps to bring on record the legal representatives of the deceased first respondent. 2.When the matter was taken up for hearing today, this Court was about to pass appropriate orders, the learned counsel for the appellant sought a final opportunity to take steps to bring on record the legal representatives of the deceased first respondent. 3.Post the matter on 09.07.2026. It is made clear that this shall be the final opportunity granted to the appellant. In the event of failure to take the necessary steps by the next date of hearing, this Court shall proceed to pass appropriate order on merits of the case without granting any further adjournment. 2.Today, i.e., 09.07.2026, when the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that despite sufficient opportunity, he was unable to take steps to implead the 2/4 https://www.mhc.tn.gov.in/judis legal heirs of the deceased first respondent. 3.Considering the said submission and the fact that the second appeal has been pending since 2016 without the appellant taking steps to bring the legal heirs of the deceased first respondent on record, this Court is of the view that the appeal has abated. 4. Accordingly, this Second Appeal is dismissed as abated. No costs. 09.07.2026 NCC :Yes/No Index : Yes/No Internet : Yes/No sbn 3/4 https://www.mhc.tn.gov.in/judis K.K.RAMAKRISHNAN, J. sbn S.A.(MD)No.894 of 2010 09.07.2026 4/4 https://www.mhc.tn.gov.in/judis