N.Ramakrishnan vs Shanmugham - 2026 Supreme(Online)(Mad) 31589

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2026 Supreme(Online)(Mad) 31589

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
N.Ramakrishnan – Appellant
Versus
Shanmugham – Respondent
C.M.P.No. 8083 of 2005 | A.S.No.70 of 1997 | O.S.No.127 of 1988

Advocates:
For the Appellants/Petitioners: Mr.Md.Asahadullah Sheriff for Mr.S.Mounaswaminathan

Important Points

Appeal abates upon appellant's death if no legal representatives pursue it.

Subject

Civil - Abatement of Appeal

Act Referred

Code of Civil Procedure, 1908: S.100

Headnote

The second appeal under Section 100 of the Code of Civil Procedure, 1908, challenged judgments from lower courts in a civil suit. Facts reveal the sole appellant's death prior to the hearing, with counsel filing a memo confirming no instructions from legal heirs. Court found the appeal abated due to the appellant's death and lack of representation. Issues centered on abatement upon death without substitution. Ratio decidendi holds that appeals abate if no steps taken by legal representatives post-appellant's death.

Result: Appeal dismissed as abated, no costs ordered, connected petition closed.

JUDGMENT

Mr.Md.Asahadullah Sheriff, representing Mr.S.Mounaswaminathan, Counsel on record for the Appellant submits that the sole Appellant - N.Ramakrishnan, son of Narayanasamy, passed away long back. He further submits that Counsel on record has no instructions from the legal heir(s)/legal representative(s) of the Appellant. To that effect, he has also filed a Memo dated March 17, 2026 and the same is recorded.

2.In view of the Memo, this Second Appeal shall stand dismissed as abated. Considering the facts and circumstances, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

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