Sankar v. Seethaiammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM

THE HON'BLE DR. JUSTICE A.D. MARIA CLETE and C.M.P.(MD)No.13175 of 2025 1.Sankar, S/o.Kadarkarai, No.91, Gandhi Nagar 5th Street, Sankarankoil Kaspa, Sankarankoil Taluk, Tenkasi District.

2.Muthuselvi, W/o.Poovaraj, No.91, Gandhi Nagar St^i-Street, Sankarankoil Kasha, Sankarankoil Taluk, Tenkasi District.

... Appellants Vs.

1.Seethaiammal, W/o.(Late) Mariappan, Gandhi Nagar 5th Street, Sahkarankoil Kasha, Sankarankoil Taluk, Tenkasi District.

2.Muthusamy, S/o.(Late) Mariappan, No.31/1, Gandhi Nagar 5* Street, Sankarankoil Kasha, Sankarankoil Taluk, Tenkasi District.

... Respondents 1/4

PRAYER in S.A : Second Appeal filed under Section 100 Cr.P.C., to call for the records relating to the judgment and decree dated 17.10.2024 made in A.S.No.71 of 2023 on the file of the Learned Additional District Judge, Tenkasi confirming the judgment and decree dated 06.12.2022 made in O.S.No.149 of 2017 on the file of the Subordinate Court, Sankarankoil and set aside the same by allowing this second appeal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the above circumstances and thus render justice. PRAYER in C.M.P:

To grant an interim stay of all further proceedings of the judgment and decree dated 06.12.2022 in O.S.No.149 of 2017 on the file of the Subordinate Court, Sankarankoil, pending disposal of the above Second Appeal and thus render justice.

For Appellants : No appearance

JUDGMENT

When the matter was taken up for hearing on 13.08.2025 and 18.08.2025 there was no representation for the appellants. Hence, the matter is adjourned to 18.08.2025, under the caption "for dismissal". 2/4

2. Even today (i.e., 18.08.2025), when the matter is taken up for hearing, there is no representation on behalf of the appellants. Hence, this Second Appeal is dismissed for non prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No 18.08.2025 Internet : Yes / No Index : Yes / No LS To 1.The Additional District Judge, Tenkasi.

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

3/4

DR.A.D. MARIA CLETE, J.

LS SA.(MD)No.386 of 2025 18.08.2025 4/4