Madras High Court

AS(MD)/60/2020 of RAYAPPAN Vs MARIYA ANTHONY on 27 October 2026

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AS(MD) No. 60 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27-10-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE

AND

THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL

AS(MD) No. 60 of 2020

CNR:{HCMD010085332020}

AND

CMP(MD.No.2015 of 2020

Rayappan

S/o.late.Anthony, Mathakovil Street, Kulathur Post, Kulathur Taluk, Pudukkottai District

..Appellant(s)

Vs

1. Mariya Anthony

S/o.late.Anthony, Mathakovil Street, Kulathur Village, post and taluk, Pudukkottai District

2. Mani @ Arockiasamy

S/o.late.Anthony, Mathakovil Street, Kulathur Village, post and Taluk, Pudukkottai District

3. Ayyapillai alias Savarimuthu

S/o.late.Anthony, Mathakovil Street, Kulathur Village, post and Taluk, Pudukkottai District

4. Savariyammal

W/o.Arockiadoss, Mathakovil Street, Kulathur Village, post and Taluk, Pudukkottai District

5. Sebamalai

W/o.Ayyappillai alias Savarimuthu, Mathakovil Street, Kulathur Village, post and Taluk, Pudukkottai District

..Defendant(s)

__________

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AS(MD) No. 60 of 2020

PRAYER: To set aside the judgement and decree dated 27.11.2019 in OS. No.41 of 2016 on the file of the Learned Principal District Judge, Pudukkottai by allowing this appeal and decree the suit in favour of the appellant / plaintiff as prayed for in the plaint.

For Appellant(s):

Mr.G.Mathavan

For Defendant(s):

Mr.A.Balakrishnan for R-1

For R-2 to R-5 -

No Appearance

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ORDER

(Order of the Court was made by Abdul Quddhose J.) As seen from the earlier proceedings of this Court, a representation was made by the learned counsel appearing for the appellant as early as on 22.09.2025 that the appellant had died. However, till date, no application has been filed by the legal representatives of the deceased appellant to bring them on record as appellants in this appeal.

2. This appeal was listed for hearing on 22.09.2025, 08.04.2026, 09.04.2026 and 07.10.2026. On all those hearing dates, the learned counsel appearing for the appellant had sought further time to take steps to substitute the legal representatives of the deceased appellant in this appeal. Even today, the application stated to have been filed by the appellant to substitute the legal representatives of the deceased appellant on record has not been numbered and the appeal is also of the year 2020. __________

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AS(MD) No. 60 of 2020

3. For the foregoing reasons, this Appeal Suit stands dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed. (A.Q.,J.) (R.P.L.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG __________

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AS(MD) No. 60 of 2020 To The Principal District Court, Pudukkottai. __________

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AS(MD) No. 60 of 2020 ABDUL QUDDHOSE, J. AND RAJNISH PATHIYIL, J. TSG AS(MD) No. 60 of 2020 27-10-2026 __________

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