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Madras High CourtSA/548/2013dismissed for nonprosecution

Y.Arulraj v. Balasamy

2026-01-08Honourable Dr.Justice A.D.Maria Clete4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.A.No.548 of 2013 Y.Arulraj ... Appellant Vs

1. Balasamy [not Joined With The Appellant To File Second Appeal Since He Has Sold Out His Share Of The Suit Property Therefore He Is Not Pressed In This Second Appeal] Maria Theresammal (died)

2. Michael Naidu

3. Anthony Mary

4. P.P.T.Real Estates

5. Madharsahib

6. Abudha Ashir

7. Madhar Basha

8. Kannan 9.Anandan 10.Dayalan 1/4

11.Balan 12.Chandran 13.Ramesh 14.Raji 15.Meera 16.Velu 17.Kumar 18.Sampath 19.Raghavan 20.Farook Marakkayar ... Respondents PRAYER:

This Second Appeal filed under Section 100 C.P.C., against the judgment and decree passed by the Subordinate Judge, Kancheepuram in A.S.No.66 of 2008 dated 20.08.2011 reversing the decree and judgment of the trial Court, learned Additional District Munsif, Kancheepuram in O.S.No.372 of 1997 dated 24.01.2008.

For Appellant : No appearance For R7 : Mr.K.Selvamani For R1, R2, R6, R10, R11, R12, R14, R15, R16, R18, R19, R20: No appearance R3, R4, R5, R8, R9, R13, R17 : Not ready in notice 2/4

JUDGEMENT When the matter was listed for hearing on 05.01.2026, there was no representation for the appellant, hence, Registry was directed to list the matter under the caption "for dismissal" on 08.01.2026 (i.e.,) today. When the matter is called today there is no representation for the appellant. Though sufficient opportunity was given to the appellant to prosecute the matter, he is not interested in prosecuting the second appeal.

2. Hence, this second appeal is dismissed for non prosecution. No costs. 08.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

1. The Subordinate Judge, Kancheepuram

2. Additional District Munsif, Kancheepuram 3.The Section Officer, VR Section, High Court of Madras, Chennai.

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DR. A.D. MARIA CLETE, J mfa S.A.No.548 of 2013 08.01.2026 4/4