Madras High CourtSA(MD)/145/2007dismissed for nonprosecution

Chandra v. N.Krishnan (*) Died

2026-01-06Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA S.A(MD)NO.145 OF 2007 1.Chandra(died) 2.Kanakavalli 3.Indira 4.Nedunchezhian (Second Appellant is recorded as legal representative of the deceased first appellant and the the appellants 3 and 4 are brought on records as legal representatives of the deceased first appellant as per order of this Court made in M.P(MD)Nos.4 and 5 of 2007 in A.S(MD)No.145 of 2007, dated 13.06.2007) :Plaintiffs/ Respondents/Appellants .vs.

1.N.Krishnan(died) 2.N.Kaliamoorthy 3.Ponnachi @ Halim Beeve (Death of the first appellant is recorded vide memo in USR.No.227 of 2019 and as per order made in S.A(MD)No.145 of 2007,m dated 22.1.2019) :Defendants/Appellants/Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.22 of

1995, dated 03.12.1997, on the file of Subordinate Judge, Kumbakonam reversing the judgment and decree passed in O.S.No.2 of 1986, dated 15.07.1994, on the file of District Munsif Court, Kumbakonam.

For Appellants :No appearance For Respondent-1 :Died For Respondent-2 :Dismissed For Respondent-3 :Mr.G.Gomathi Sankar

JUDGMENT

************* When the matter was taken up for hearing on 04.12.2025, there was no representation for the appellants and hence, the matter was directed to be listed under the caption ''for dismissal'' on 15.12.2025. Even on 15.12.2025, there was no representation for the appellants.Therefore to give further opportunity to the appellants, the matter was directed to be listed under the caption ''for dismissal'' today. Even today, there is no representation on behalf of the appellants. Therefore, it is clear that the appellants are not interested in prosecuting the Second Appeal. 2.In view of the above, the Second Appeal stands dismissed for non-prosecution. No costs.

06.01.2026

NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The Subordnate Judge, Kumbakonam.

2.The District Munsif, Kumbakonam.

Copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

N.MALA, J.

vsn JUDGMENT MADE IN S.A(MD)NO.145 of 2007 06.01.2026