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Madras High CourtSA/1178/2013dismissed for nonprosecution

M.Kanniappan v. Ranganathan

2026-02-10Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and M.P.No.1 of 2013 M.Kanniappan S/o.Mr.Manicka Gounder, Residing At Reddypalayam Village, Ramapuram Post, Madurantakkam Tk., Kanchipuram Dist ..Appellant(s) Vs

1. Ranganathan

2. Venkatesan @ Chinnakannu

3. Rajendran

4. Jaishankar 1to 4 S&d/o. Manicka Gounder, Born Through 2nd Wife Kannammal, Residing At Ramapuram Post, Madurantakkam Tk., Kanchipuram Dist

5. CHINNAMMAL(died) W/o.Chinnakulandai, At Kizh Seeramangalam Village, Vanthavasi Tk

6. Lakshmi W/o.Jayaraman, Kuruvimalai, Thalakkatturpost, Kanchipuram Dist

7. Rajeshwari W/o.Manickam, Ramapuram Village, Mathuranthagam Tk., Kancheepuram Dist

8. Mrs. Bhoologam No. 41/21 Anna Street, Sheniamman Nagar, Tondiarpet, Chennai -81

9. Mrs. R. Neelalveni No. 148, C Block, Tamilnadu Housing Board, Tilakar Nagar, Tondiarpet, Chennai -81 10.Mr. S.V. Murugan No. 2, 3rd Cross Street, 4th Main Road, Perumal Nagar, Old Pallavaram Chennai -117 11.Mr. V. Dhakshinamoorthy NO. 40, DHANALAKSHMI NAGAR ROAD, MEDAVAKKAM CHENNAI [R5 died, R8 to R11 are brought on record as LRs of the deceased R5 vide court order dated 26/02/2024 made in CMP Nos 9657,9658 and 9659 of 2017 in SA.No 1178 of 2013] ..Respondent(s)

PRAYER:

This Second Appeal is filed under Section 100 C.P.C.,against the decree and judgment dated 22.03.2013 passed in A.S.No.34 of 2009 by the Subordinate Judge at Madurantakkam, Kanchipuram District, confirming the decree and judgment dated 28.08.2006 dismissing O.S.No.258 of 2003 by the District Munsif, Maduranthakkam, Kanchipuram District. For Appellant(s):

No appearance For R1 to R4:

No appearance For R6 to R10 No appearance For R11 Not ready in notice Judgment When the matter was listed for hearing on 04.02.2026, since there was no representation for the appellant, hence, Registry was directed print the name of the appellant in the cause list and listed the matter today ie., on 10.02.2026. Today, when the matter is taken up for hearing, there is no representation for the

appellant. Hence, it is clear and evident that the appellant is not interested in prosecuting the second appeal.

2. Hence, this second appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed. 10-02-2026 Index: Yes/No Speaking/Non-speaking order MFA To

1. Subordinate Judge at Madurantakkam, Kanchipuram District.

2. District Munsif, Maduranthakkam, Kanchipuram District.

DR.A.D.MARIA CLETE J MFA and M.P.No.1 of 2013 10-02-2026