Madras High Court
Pr.Muralidharan vs Sivagami on 28 August, 2025
S.A.(MD)No.478 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2025
CORAM
THE HON'BLE DR. JUSTICE A.D. MARIA CLETE
S.A.(MD)No.478 of 2019
and
C.M.P.(MD)Nos.13032, 13033 & 13034 of 2025
PR.Muralidharan
S/o.Periannan,
Vellangudi Village,
Sakkottai Union,
Karaikudi Taluk,
Sivagangai District
New Address at Old Door No.30a,
New Door No.35, Nanchammal Street,
K.K.Pudur, Coimbatore. ... Appellant/1st Respondent/Plaintiff
Vs.
1. Sivagami
W/o.Pr.Meyappan Ambalam,
D.No.4-1, Vairavan Ambalam Street,
Near Iynthuvilaku,
Karaikudi Town and Taluk,
Sivagangai District.
... 1st respondent / Appellant / 1st Respondent
R.M. Subbiah (Died)
2.SP.Palaniappan
S/o.Subbiah,
D.No.3, Lakshmi Station,
Devappuram, Ganapathi Post,
Coimbatore Town, Coimbatore District
1/5
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S.A.(MD)No.478 of 2019
3. Chitra Devi
W/o.Muralidharan, Old Door No.30a,
New Door No.35, Nanchammal Street,
K.K.Pudur, Coimbatore.
4. Ponnalahi
W/o.Ramachandran, Kanadukathan Village,
Karaikudi Tk, Sivagangai District
5. Pr.Soornavalli
W/o.Periannan, Old Door No.30a,
New Door No. 35, Nanchammal Street,
K.K.Pudur, Coimbatore.
6. Pr.Latha @ Premalatha
W/o.Ramachandran, D.No.83, Nsr Road, Saibaba
Colony, Coimbatore Town, Coimbatore District.
... Respondents 2 to 7/ Respondents 2 to 7/
Respondents
PRAYER in S.A : Second Appeal filed under Section 100 of the Civil
Procedure Code, to set aside the judgment and decree dated 11.02.2019
in A.S.No.6 of 2017 on the file of Subordinate Judge, Devakottai,
reversing the Judgment and Decree dated 06.01.2015 in O.S.No.17 of
2009 on the file of the District Munsif Karaikudi and allow the Appeal
as prayed for and thus render justice.
Prayer in CMP (MD)No.13032 of 2025:
To pass an order condoning the delay of 187 days in filing the
application to set aside the abatement of the Second Appeal in SA(MD).
No.478 of 2019 caused due to the death of the first respondent Sivakami
and thus render justice.
2/5
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S.A.(MD)No.478 of 2019
Prayer in CMP (MD)No.13033 of 2025:
To pass an order setting aside the abatement of the Second Appeal
in SA(MD). No.478 of 2019 caused due to the death of the first
respondent Sivakami and thus render justice.
Prayer in CMP (MD)No.13034 of 2025:
To pass an order bringing on record the petitioners/proposed
parties as legal representatives of the deceased first respondent Sivakami
and array them as respondents 7 to 11 in the Second Appeal in SA(MD).
No.478 of 2019 and thus render justice.
APPEARANCE OF PARTIES:
For Appellant : No appearance
JUDGMENT
When the matter was taken up for hearing on 22.08.2025, there is
no representation for the appellant and therefore, the matter was listed
on 28.08.2025 under the caption “for dismissal”. Even today (ie.
28.08.2025), there is no representation for the appellant. Hence, the
Second Appeal is dismissed for non prosecution. There shall be no order
as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 28.08.2025
Internet : Yes / No
LS
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To
1.The Subordinate Judge,
Devakottai.
2.The District Munsif
Karaikudi.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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DR.A.D. MARIA CLETE,J.
LS
28.08.2025
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