Arumugham(Died) v. Nithyanandam

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26/03/2026 CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Arumugham (Died) S/o.Rajamanicka Mudaliar, Kamatchi Illam, Zameendhar Garden, Pondicherry. ...Appellant/ 1st Respondent/

Plaintiff

2.Sarasvathy W/o.Late Arumugam

3.Dhanam D/o.Late Arumugam

4.Anita D/o.Late Arumugam

5.Ally D/o.Late Arumugam

6.Vaithiyanathan S/o.Late Arumugam A1 Died, A2 to A6 are brought on record as LRs of the deceased 1st Appellant vide Court Order dated February 26, 2024 made in C.M.P.Nos.3483, 3477 & 3481 of 2024 in S.A.No.1898 of 2003

... Appellants 2 to 6/Legal Representatives of the

deceased 1st Appellant-Arumugham Page No.1 of 6 Vs.

1.Nithyanandam S/o.Ramadoss

2.Vijayanandam S/o.Ramadoss

3.Premanandhan S/o.Ramadoss

4.Kaliammal W/o.Arjunan ...Respondents/Appellants/ Defendants 7 to 9 & 11 All are residing at Marakkanam Village, Tindivanam Taluk, Villupuram District.

5.Chandiran, S/o.Arjunan, 50, Sankaradass Street, Pondicherry.

6.Rajeswari, W/o.Kanthaswamy, 2, Sundara Vinayakar Koil Street, Gingee, Villupuram District. ... Respondents/Respondents 2 to 3/ Legal Representative of 10th & 6th Defendant PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated June 24, 2023 made in A.S.No.28 of 2003 on the file of the Fast Track Court-II Page No.2 of 6 Tindivanam, reversing the Judgment and Decree dated March 30, 2001 in O.S.No.629 of 1993 on the file of the Principal District Munsif, Tindivanam. For Appellant : Ms.V.Srimathi For Respondents-2 to 4 & 6 : Mr.J.Prithvi for Mr.Kaithamalai Kumaran JUDGM

ENT

Daily Order dated March 12, 2026 reads thus: "Ms.Anvitha.R, representing Mrs.V.Srimathi, Counsel on record for the Appellant and Mr.I.Pragadeesh,

representing

Mr.S.Kaithamalai Kumaran, Counsel on record for Respondent Nos. 2 to 4 and 6, are before this Court.

¶2Representing Counsel for the Appellant submits that the Counsel on record has handed over the case file to the Appellant. He seeks a week's time to file necessary memo in this regard.

¶3In view of the above submissions, Registry is directed to print the name of the Appellant in the cause list in the next hearing day.

¶4List the matter on 26.03.2026." Page No.3 of 6

2.Ms.V.Srimathi, learned Counsel appearing for the Appellant reports "no instructions" and also filed a memo to that effect.

3.Pursuant to the Order dated March 12, 2026, the names of the Appellants 2 to 6 have been shown in the cause list. Despite names printed, the Appellants 2 to 6 did not choose to appear and argue the Second Appeal. Under such circumstances, this Court has no other option except to dismiss the Second Appeal for non-prosecution. Accordingly, the Second Appeal is dismissed for non-prosecution. Considering the facts and circumstances of the case, there shall be no order as to costs. 26/03/2026 Index : Yes / No Speaking Order : Yes / No : Yes / No pam Page No.4 of 6 To

1.The Fast Track Court-II Tindivanam.

2.The Principal District Munsif, Tindivanam. Page No.5 of 6

R. SAKTHIVEL, J. pam 26/03/2026 Page No.6 of 6