Madras High CourtSA(MD)/38/2026dismissed for default

Panchavarnam (Died), 1.Nallusamy, v. Moorthy

2026-02-25Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 25.02.2026

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P(MD)No.1695 of 2026 Panchavarnam(died) : Appellant /Appellant/Plaintiff 1.Nallusamy 2.Murugavel 3.Sundaravalli 4.Jothilakshmi 5.Gnanagurudevi 6.Manonmani : Appellants/Legal Heirs of Panchavarnam (cause title is accepted vide order dated 14.11.2025 made in C.M.P.(MD)No.12165 of 2025 in S.A.(MD)SR No.33855 of 2023) Vs.

1.Moorthy 2.Muthupandeswari : Respondents /Respondents/Defendants Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree in A.S.No.124 of 2017 passed by the learned Subordinate Court, Mudukulathur, dated 31.10.2022, confirming the 1/5

Judgment and Decree, in O.S.No.42 of 2009, passed by the learned District Munsif cum Judicial Magistrate, Kamuthi, dated 29.04.2011. For Appellants : No Appearance For Respondents : Mr.R.Suryanarayanan

JUDGMENT

The second appeal is directed against the judgment and decree made in in A.S.No.124 of 2017, dated 31.10.2022, on the file of the Subordinate Court, Mudukulathur, confirming the Judgment and Decree made in O.S.No. 42 of 2009, dated 29.04.2011, on the file of the District Munsif cum Judicial Magistrate Court, Kamuthi.

2. When the matter was taken up for hearing on 19.02.2026, at request of the learned counsel appearing for the appellants, the matter was adjourned to 20.02.2026. When the matter was taken up for hearing on 20.02.2026, there was no representation on behalf of the appellants. The learned Counsel for the respondents was present. Hence, this Court directed the Registry to post the matter on 25.02.2026 as finally or else, further orders will be passed.

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3. Even today also (i.e.,25.02.2026), there is no representation for the appellants. Hence, the Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs. 25.02.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No SSL To 1.The Subordinate Court, Mudukulathur, 2.The District Munsif cum Judicial Magistrate Court, Kamuthi. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

SSL 25.02.2026 5/5