Madras High Court
OSA/53/2022 of Mallikeswari Vs D.Kalyankumar on 7 October 2026
OSA No. 53 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 53 of 2022
CNR:{HCMA010348792022}
AND
CMP NO. 4156 OF 2022
Mallikeswari
W/o.Dayanandhan,
D/o.Late. Dhandapani,
No.44, Pookara Street,
Muthialpet, Pondicherry.
..Appellant(s)
Vs
1. D.Kalyankumar,
S/o.Late.R.Dhandapani, Old No.51, New No.9, 1st Street Extension I, Venkadesa Nagar, Virugambakkam, Chennai - 600 092.
2. Manoj,
S/o.Late. Jayanthi @ Vanaja,
Grandson of Dhandapani,
No.4/21, Panjayath Colony, Muthmaizal Nagar, Saligramam, Chennai - 600 093.
3. G.K.Balaji,
S/o.G.R.Krishnaiah Chetty,
No.1007, TVS Colony, 50th Street,
Anna Nagar, West Extent, Chennai - 600 101.
..Respondent(s)
This original side appeal is preferred under Clause 15 of Letters Patent read with Order 36 Rule 1 of Original Side Rules, 1956 seeking to set aside the Fair and Decreetal order dated 14.02.2022 passed in A.No.4778 of
OSA No. 53 of 2022
2021 in C.S.No.92 of 2021 and render justice.
For Appellant(s):
Mr.M.Merin Shalom
for Mr.N.Beulah John Selvaraj
For Respondent(s):
Mr.Fazulul Haq
for M/s.Juris and Justia
for RR1 and 2
Ms.V.Srimathi for R3
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Judgment
(Judgment of the Court was delivered by N.Sathish Kumar J.) It is brought to the notice of this court that the appellant died as early as on 06.12.2025 and no steps have been taken to bring on record the legal representatives of the appellant. It is also brought to the notice of this court that in the pending suit, a memo has also been filed intimating the death of the plaintiff, but no steps have been taken to implead the legal representatives of the plaintiff. This court has also heard the learned counsel on either side. In such view of the matter, nothing further survives in the appeal. Hence, this original side appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. (N.S.K.,J.) (G.K.M.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VVK
OSA No. 53 of 2022
N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. VVK OSA No. 53 of 2022 AND CMP NO. 4156 OF 2022 07-10-2026