Dhanalakshmi v. S.V.Swaminathan(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 05.02.2026

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P(MD)No.4049 of 2019 Dhanalakshmi : Appellant Vs.

S.V.Swaminathan (died) 1.R.Selvi 2.M.Rohini Meena (died) 3.Pushpam 4.Rathinam Ammal 5.S.Sandeep 6.S.Saveetha : Respondents Prayer : Second Appeal filed under Section Order 41 -A r/w 100 of C.P.C., to set aside the judgment and decree, dated 08.11.2017 made in A.S.No.38 of 2011 on the file of the Subordinate Court, Theni, confirming the judgment 1/4

and decree, dated 30.08.2011 made in O.S.No.90 of 2010 on the file of the District Munsif Court, Theni.

For Appellant : No Appearance For Respondents : Mr.P.Thiagarajan, for R4 and R5. : R1 to R3 given up.

: No Appearance, for R6.

JUDGMENT

The second appeal is directed against the judgment and decree made in A.S.No.38 of 2011, dated 08.11.2017 on the file of the Subordinate Court, Theni, confirming the judgment and decree, dated 30.08.2011 made in O.S.No.90 of 2010 on the file of the District Munsif Court, Theni.

2. When the matter was taken up for hearing on 05.01.2026, the learned counsel appearing for the appellant reported no instructions, hence the Registry was directed to print the name of the appellant. Despite printing the name of the appellant, the appellant has not turned up on 21.01.2026, and the matter was adjourned to 05.02.2026.

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3. Even today (i.e.,05.02.2026) there is no representation for the appellant. Hence, the Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs. 05.02.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Subordinate Court, Theni.

2.The District Munsif Court, Theni.

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

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K.MURALI SHANKAR ,J.

DAS Order made in and C.M.P(MD)No.4049 of 2019 Dated : 05.02.2026 4/4