Dhananjayan vs Gnanasekaran
2026 Latest Caselaw 220 Mad

Citation : 2026 Latest Caselaw 220 Mad
Judgement Date : 19 January, 2026

[Cites 1, Cited by 0]

Madras High Court

Dhananjayan vs Gnanasekaran on 19 January, 2026

                                                                                      SA No. 923 of 2015


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 19-01-2026

                                                         CORAM

                                     THE HON'BLE MR.JUSTICE P. DHANABAL

                                              SA No. 923 of 2015 &
                                               M.P.No.1 of 2015
                Dhananjayan
                S/o. Subramani,
                Periyakadambur Village,
                Kasavarajapettai Post, Tiruttani Tk, Tiruvallore
                Dist.
                                                                                      ..Appellant(s)
                                                             Vs
                1. Gnanasekaran
                   S/o. Jayaraman

                2. J. Lakshmi
                   W/o. Balaji.
                   Both At Periyakadambur Village,
                   Kasavarajapettai Post Firka, Tiruttani Tk,
                   Tiruvallore Dist.

                3. S. Shanmugham
                   S/o. Gopal,

                4. Jayaraman
                   S/o. Gopal.

                5. Karthikeyan
                   S/o. Gopal.

                6. Valliammal
                   W/o. Gopal.
                   3 To 6 Residing At Periyakadambur Village,
                   Kasavarajapettai Post Firka, Tiruttani Tk,
                   Tiruvallore Dist.


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                                                                                       SA No. 923 of 2015


                7. Rani
                   W/o. Govindaswamy,
                   Nemili Village & Post
                   Via Arungulam, Tiruttani Tk,
                   Tiruvallore Dist.

                8. Janaki
                   W/o. Balan,
                   Periyar Nagar, Maddur Village & Post,
                   Tiruttani Tk, Tiruvallur Dist.

                9. Boopalan
                   S/o. Shanmugam

                10. Thulasiraman
                    S/o. Jayaraman

                11. Chandrasekaran
                    S/o. Jayaraman.
                    9 To 11 Residing At Periyakadambur Village,
                    Kasavarajapettai Post Firka, Tiruttani Tk,
                    Tiruvallore Dist.

                12. Gajenda Chetty
                    Kasavarajapettai Village & Po,
                    Tiruttani Tk, Tiruvallore Dist.
                                                                                     ..Respondent(s)

                Prayer:

                          Second Appeal filed under Section 100 of C.P.C. to set aside the
                Judgement and Decree passed in Appeal Suit in No.4 of 2013 dated
                18.09.2014 on the file of the Subordinate Judge, Tiruttani confirming the
                Judgment and Decree passed in O.S.no.40 of 2007 dated 23.12.2011 on the
                file of the District Munsif Court, Tiruttani in so far as granting a preliminary
                decree and allotting of 1/6th share to defendants 5 and 6 each by allowing the
                Second Appeal.


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                                                                                            SA No. 923 of 2015


                              For Appellant(s):               No appearance

                              For Respondent(s):              Mr.S.Udayakumar for R7 and R8
                                                              No appearance for R1, R2, R5, R6 and R7 to R12
                                                              R3 and R4 died.

                                                           JUDGMENT

On earlier occasion, viz., on 09.12.2025, the learned counsel for the

appellant filed a memo dated 09.12.2025 stating ‘no instructions’, therefore,

this Court, directed the Registry to remove the name of the counsel for the

appellant in the cause list and ordered to list the matter on 19.12.2025. On

19.12.2025, though the name of the appellant is printed in the cause list, the

appellant failed to appear before this Court, therefore, this Court directed the

Registry to post the matter 08.01.2026.

2. Again, on 08.01.2026 also, there is no representation for the

appellant, hence the appeal was directed to be listed on 19.01.2026 under the

caption ‘for dismissal’. Today, when the appeal is taken up for hearing, there

is no representation for the appellant, hence the present appeal is dismissed

for non-prosecution. Consequently, connected miscellaneous petition is