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Madras High CourtSA(MD)/399/2008dismissed for nonprosecution

Elias (Died) v. Iyyakutti

2025-12-08Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025 CORAM :

THE HONOURABLE Mrs. JUSTICE N.MALA S.A(MD).Nos.399 and 400 of 2008 S.A(MD).No.399 of 2008 1.Elias (died) 2.Sornam 3.Yesu Doss 4.Antonyammal @ Thangarm 5.Panneer Selvam 6.Christu Raj 7.Vargees 8.Raju ... Appellants (Appellants 2 to 8 are brought on record as LRs of the deceased sole appellant vide Court order dated 08.11.2010 made in M.P(MD).Nos.1 of 2010 in S.A(MD).No.399 of 2008) versus Iyyakutti ... Respondent Prayer : Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree of the learned Subordinate Judge, Kuzhithurai, passed in A.S.No.77 of 2004 dated 24.08.2007 dismissing the appeal by a common judgment along with A.S.No.73 of 2004 confirming the judgment and decree of the learned I Additional District Munsif, Kuzhithurai, passed in O.S.No.522 of 1988 dated 29.06.2004 dismissing the suit by a common judgment along with O.S.No.846 of 1988. 1/4

For Appellant : No appearance For Respondent : Mr.K.N.Thambi S.A(MD).No.400 of 2008 1.Elias (died) 2.Sornam 3.Yesu Doss 4.Antonyammal @ Thangarm 5.Panneer Selvam 6.Christu Raj 7.Vargees 8.Raju ... Appellants (Appellants 2 to 8 are brought on record as LRs of the deceased sole appellant vide Court order dated 08.11.2010 made in M.P(MD).Nos.1 of 2010 in S.A(MD).No.400 of 2008) versus Iyyakutti ... Respondent Prayer : Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree of the learned Subordinate Judge, Kuzhithurai, passed in A.S.No.73 of 2004 dated 24.08.2007 dismissing the appeal by a common judgment along with A.S.No.77 of 2004 confirming the judgment and decree of the learned I Additional District Munsif, Kuzhithurai, passed in O.S.No.846 of 1988 dated 29.06.2004 decree the suit by a common judgment along with O.S.No.522 of 1988. For Appellant : No appearance For Respondent : Mr.K.N.Thambi 2/4

COMMON JUDGMENT When these matters came up for hearing on 04.12.2025, there was no representation on behalf of the appellant. Hence, these matters were directed to be listed today under the caption 'for dismissal'.

2. Even today i.e., 08.12.2025, there is no representation on behalf of the appellant. It appears that the appellant is not interested in prosecuting the appeals. Therefore, these Second Appeals are dismissed for nonprosecution. No costs. 08.12.2025 Index : Yes/No NCC : Yes/No.

Rmk To 1.The Subordinate Judge, Kuzhithurai.

2. I Additional District Munsif, Kuzhithurai. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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N.MALA.J., Rmk S.A(MD).Nos.399 and 400 of 2008 08.12.2025 4/4