Madras High CourtSA(MD)/802/2010dismissed for nonprosecution

V.Ayyakutty (Died) v. M.Bellarmin

2025-12-16Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.12.2025

CORAM:

THE HONOURABLE MRS JUSTICE N. MALA 1.V.Ayyakutty (Died) 2.A.Rajesh (2nd appellant was brought on record as legal heir of the deceased sole appellant vide order dated 12.04.2010 and made in MP(MD)Nos.2 and 3 of 2009 in SA(MD)SR.1859 of 2006) vs.

1.M.Bellarimin 2.M.Thanislaus 3.Mary 4.Nirmala 5.Latha ... Respondents/Appellants/ Defendants 1 to 3, 5 & 6 PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 25.04.2005 passed by the Sub Court, Padmanabhapuram made in A.S. No.88 of 2003 reversing the judgment and decree dated 16.10.2003 made in O.S. No.226 of 1998 on the file of Principal District Munsif Court, Padmanabhapuram. For Appellants :

No appearance For R1 :

Mr.K.Sree Kumaran For R2 to R8 :

Mr.P.S.Ganesan

JUDGMENT

On 03.12.2025 and 10.12.2025, when the matter was taken up for hearing, there was no representation for the appellants. The matter was therefore directed to be listed under the caption ''for dismissal''. Even today, there is no representation for the appellants. It appears that the appellants are not interested in prosecuting the appeal. Accordingly, this appeal is dismissed for non-prosecution. No costs.

16.12.2025 Index : Yes/ No Speaking order / Non-speaking order CM

To:

1.The Sub Court, Padmanabhapuram 2.The Principal District Munsif Court, Padmanabhapuram. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court Madurai.

N.MALA.J., CM Judgment in 16.12.2025