Kalyanaraman v. Periyasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

1. Kalyanaraman S/o.Kunchuraman, Near Government Higher Secondary School, Attur Main Road, Rasipuram Taluk, Namakkal District

2. Bakiyam W/o.Kalyanaraman, Near Government Higher Secondary School, Attur Main Road, Rasipuram Taluk, Namakkal District ..Appellant(s) Vs

1. Periyasamy S/o.Manickam, 42/1, Thasiva Colony, Bangalore Road, Hosur

2. Madheswari W/o.Periyasamy, 42/1, Thasiva Colony, Bangalore Road, Hosur ..Respondent(s)

PRAYER Second Appeal filed under Sec.100 of Civil Procedure Code, praying to set aside the Judgement and Decree dated 23.02.2022 made in AS.No. 61 of 2019 on the file of the Special Court for Trial of cases under SC/ST (POA) Act, Namakkal confirming Judgement and Decree dated 08.07.2019 passed in OS.No. 30 of 2015 on the file of Subordinate Judge, Rasipuram. For Appellant(s):

No Appearance For Respondent(s):

Mr. R.Prabakar For R1 & R2 Judgment Earlier, when the matter was taken up for hearing on 15.12.2025, there is no representation on the side of appellants.

2. Even today (09.02.2026), when the matter is taken up for hearing, there is no representation on the side of appellants. The learned counsel for respondents 1 and 2 appeared and submitted that already the possession of property was taken through execution proceedings in E.P.No. 41 of 2019 before the Sub-Court, Rasipuram and the possession was also recorded by the court below and the Execution Petition was also terminated on 14.10.2022. To that effect, e-court status submitted before this court and the same is recorded. In such circumstances, this Second Appeal is dismissed as no merit. No costs. 09-02-2026 Index: Yes/No Speaking/Non-speaking order RPP

To

1. The Special Court for trial of cases under SC/ST (PoA) Act, Namakkal.

2. The Sub-Judge, Rasipuram.

3. The Section Officer, VR Section, Madras High Court.

T.V.THAMILSELVI J.

RPP 09-02-2026