Madras High CourtSA(MD)/671/2009dismissed for nonprosecution

Pitchaimuthu v. Sakthivel

2026-02-18Honourable Mrs Justice N. Mala4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA S.A.(MD).No.671 of 2009 and M.P.No.1 of 2009 Pitchaimuthu ... Appellant/ 1st respondent/Defendant Vs 1.Sakthivel 2.Arumugam ... Respondents 1 & 2/ Appellants 1 & 2/ Plaintiffs 2 & 4 3.S.Rajendran ...3rd Respondent/ 2nd Respondent/3rd Plaintiff P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree passed in A.S.No.94 of 2005 on the file of the learned 1st Additional District Judge, Trichirapalli dated 21.01.2009 reversing the judgment and decree passed in O.S.No.2588 of 1988 on the file of the 1st Additional District Munsif Court, Trichirapalli dated 06.11.2002.

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For Appellant : No Appearance For R1 to R3 : Mr.S.Srinivasa Ragavan

JUDGMENT

When the matter was taken up for hearing on 10.12.2025, the learned counsel for the appellant on record filed a memo stating that at request of the appellant, the entire case bundle was returned. The said memo was recorded and the Registry was directed to remove the name of the learned counsel for the appellant in the cause list. Thereafter, the matter was directed to be listed on 20.01.2026. On that day, Mr.Hari Vaishnav, learned counsel representing the appellant submitted that he was instructed by the legal heirs of the deceased sole appellant to take steps to implead them as parties in the second appeal. Hence, the matter was adjourned to 16.02.2026.

2. On 16.02.2026, when the matter was taken up for hearing, there was no representation for the appellant. Therefore the Registry was directed to list the matter under the caption ''For Dismissal'' on 18.02.2026 [i.e.] today. Even today, there is no representation for the 2/4

appellant. It appears that the appellant is not interested in prosecuting the case. Hence, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, the connected miscellaneous petition is closed. 18.02.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No sn TO:

1.The 1st Additional District Court, Trichirapalli.

2.The 1st Additional District Munsif Court, Trichirapalli.

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

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N.MALA, J.

Sn Judgment made in S.A.(MD)No.671 of 2009 Dated:

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