Madras High CourtSA/1179/2009dismissed

Marimuthu (Deceased) Died In v. Srinivasan

2025-07-24Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Marimuthu (Deceased) died in the First Appellate Court

1. Alamelu

2. Veeramani

3. Malaiyappan

4. Natarajan

5. Vasantha ... Appellant vs.

1. Srinivasan

2. Thiagarajan

3. Saraswathi

4. Shanmugam

5. The Tahsildar, Nannilam Taluk.

6. The District Collector, Tiruvarur District, Tiruvarur.

7. Kangappa

8. Kalaimani

9. Swaminathan

10. Loordhuammal ..Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the decree and Judgment dated 15.04.2008 in A.S.No.87 of 2005 on the file of the Sub Court, Tiruvarur, confirming the decree and Judgment dated 21.07.2005 in O.S.No.15 of 2001 on the file of the District Munsif, Nannilam.

For Appellants : No appearance 1/4

For Respondents : Ms.R.T.Shyamala for R2 and R3 Mr.R.G.Ameedius, Government Advocate for R5 and R6 No appearance for R4

JUDGMENT

The plaintiff is the appellant. The suit filed by the plaintiff (deceased) in O.S.No.15 of 2001 before the District Munsif Court, Nannilam, stating that the plaintiff had perfected title through adverse possession. It had been dismissed by the trial Court. Aggrieved by the same, the first appeal had been filed in A.S.No.87 of 2005 before the Sub Court, Tiruvarur which was also dismissed, against which the plaintiffs have preferred the present Second Appeal.

2. The Second Appeal has not been admitted till date and there is no representation on behalf of the appellants even though the names of the four counsels have been printed in the cause list on 12.06.2025 and again on 27.06.2025. It is also to be noted that on 14.12.2022, the learned single Judge of this Court had directed the plaintiffs to comply with the requirements of the Registry including the payment of the batta on or before 04.01.2023, failing which the appeal would shall stand dismissed against R4 and R8. However, batta had not been paid yet. 2/4

3. In view of above, this Second Appeal stands dismissed for non prosecution. No costs.

24.07.2025 vum Index : Yes/No Speaking / Non-speaking order To

1. The Sub Court, Tiruvarur.

2. The District Munsif, Nannilam.

3. The Section Officer, VR Section, High Court, Madras. C.V.KARTHIKEYAN, J.

vum 3/4

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