Sundaram v. Thangaraj

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR SECOND APPEAL No.75 of 2008 1.Sundaram 2.Prakash 3.Sudha ...

Appellants -vs1.Thangaraj 2.Valliyammal 3.Muniyammal 4.Anjalakshi 5.Jayalakshmi ...

Respondents Appeal under Section 100 of Code of Civil Procedure against the judgment and decree, dated 15.03.2007, passed in A.S.No.67 of 2006, on the file of Principal Subordinate Judge,Villupuram, confirming the judgment and decree, dated 02.11.2005, passed in O.S.No.432 of 2004, on the file of Additional District Munsif, Villupuram.

2/4 For Appellants : No appearance For Respondent 1 : Appeal dismissed vide Court order, dated 15.02.2023. For Respondents 2 to 5: Mr.R.Ragoth, for Mr.K.Selvaraj

JUDGMENT

This matter earlier came up for consideration before this Court on 10.10.2025. As there was no representation for the appellants, this Court passed the following order :

''It is represented by learned counsel appearing for the respondents 2 to 5 that the matter has been settled between the parties out of court.

2. Though learned counsel who was appearing for the appellants reported no instructions on 28.04.2025 and accordingly this court directed the registry to print the name of the appellants in the cause-list, today, in spite of printing the name of the appellants, there is no representation for the appellants. In view of the same, list the matter under the caption ''For Dismissal'' on 17.10.2025.

3. Registry is directed to delete the name of Mr.N.Suresh Sundaram from the cause-list.''

2. In terms of the above said direction, the matter is listed today under the caption ''For Dismissal''. In spite of the same, there is no representation for the appellants.

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3. Under the circumstances, this Court is left with no other option except to dismiss the appeal for non-prosecution. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs.

25-10-2025 Index : Yes / No Internet : Yes / No dixit To 1.Principal Subordinate Judge, Villupuram.

2.Additional District Munsif, Villupuram.

3.Section Officer, V.R.Section, High Court, Madras.

4/4 MUMMINENI SUDHEER KUMAR, J.

dixit 25-10-2025