Madras High Court
Muthusami vs Sivapakkiyam (Died) on 27 October, 2025
S.A.No.805 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
S.A.No.805 of 2008
and
C.M.P.No.1 of 2008
1. Muthusami
2. Kullammal (Died)
3. Chinnaponnu
4. Dhanapakkiam
5. Sinnappan ... Appellant(s)
[Appellants 4 & 5 and Respondents 5 & 6 brought on record as LRs of the
deceased 2nd appellant vide order dated 03.02.2020 in CMP Nos.1709 & 1713 of 2020]
Vs.
1. Sivapakkiyam (Died)
2. Maruthamuthu
3. Ramalingam
4. Marimuthu (Died)
5. Ponnusami
6. Thangavel
7. Koothan
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S.A.No.805 of 2008
8. Amirtham
9. Samiappan
10. Vellayan
11. Vellayammal
[R7 to R11 brought on record as LRs of the deceased R4 vide court
order dated 22.04.2021 made in CMP Nos.2032, 2034 & 2036 of 2020]
12. Sadaiayan
13. Thangaraji
14. Govindan
15. Valliammal ... Respondent(s)
[R12 to R15 brought on record as LRs of the deceased R1 vide
order dated 07.03.2023 made in CMP Nos.1884, 1888 & 1892 of 2020]
Prayer: Appeal filed under Section 100 of C.P.C to set aside the Judgment and
Decree dated 31.01.2008 made in A.S.No.88 of 2004 on the file of the Additional
District Judge, Fast Track Court, Namakkal in reversing the well-considered
Judgment and Decree dated 03.12.2003, made in O.S.No.85 of 1999 on the file of
the District Munsif Court, Rasipuram.
For Appellant(s) : No appearance
For R5 to R12, R14 & R15 : Ms.N.Nisha
for Mr.P.Navaneetha Krishnan
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S.A.No.805 of 2008
JUDGMENT
This matter came up for consideration before this court earlier on
12.09.2025. As there was no representation for the appellants, the same was
directed to be listed under the caption “For Dismissal”. Accordingly, the matter
was listed under the caption “For Dismissal” on 07.10.2025. On that day, this court
passed the following order:-
“Inspite of the matter being listed under the
caption “For Dismissal”, the learned counsel for
the appellant is not ready and sought time for
getting instructions.
2. At request, list on 17.10.2025.
3. In the meanwhile, the respondents shall
ascertain the stage of the final decree
proceedings.”
2. Inspite of the same, and the matter being listed under the caption
“For Dismissal”, there is no representation for the appellants when the matter was
called. Hence, the matter was passed over. Even after calling the matter second
time also, there is no representation for the appellants. In the circumstances, this
court is left with no other option except to dismiss the second appeal for
non-prosecution.
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3. Accordingly, the appeal stands dismissed for non-prosecution. No costs.
Connected miscellaneous petitions, if any, shall stand closed.
27.10.2025
skr
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
1. Learned Additional District Judge,
Fast Track Court, Namakkal
2. Learned District Munsif Court,
Rasipuram.
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MUMMINENI SUDHEER KUMAR, J.
skr
27.10.2025
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