Madras High CourtSA(MD)/127/2014dismissed for default

Sellammal v. Murugaiyan(Died)

2026-02-03Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and M.P.(MD)No.2 of 2014 1.Sellammal ... 1st Appellant/ Appellant/Plaintiff 2.Nallammal 3.Balammal 4.Sellammal 5.Ramayee 6.Chinnappan 7.Kaliyappan 8.Ammaiyakkal ... Appellants 2 to 8/ Respondents 4, 6 to 8 & 10 to 12/Defendants 4, 6 to 8, 10 to 12 Ponnammal (died) 9.S.Selvi 10.K.Kowsalya 1/6

11.S.Palanisamy ... Appellants 9 to 11 (cause title accepted vide order dated 05.03.2012 made in MP(MD)No.1 of 2013 in SA(MD)SR.No.

17127 of 2010) Vs.

1.Murugaiyan (Died) 2.V.Suha W/o. Vijayakumar President, The Karur Polytechnic College, Amaravathi Educational Trust, No.7-K, Ramakrishnapuram, Karur Taluk, Karur District.

(President of the Karur Polytechnic College is substituted vide Coourt order dated 16.12.2025 made in CMP(MD)No.17168 of 2025 in SA(MD) No.127 of 2014) 3.Palanichamy 4.Nallammal 5.Rajeswari (R3 to R5 are brought on record as LRs of deceased R1, vide Court order dated 03.01.2014 made in MP(MD)No.3 of 2013 in SA(MD)SR.No.17127 of 2010) ... Respondents PRAYER : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.10.2009 in A.S.No.59 of 2/6

2007 on the file of the District Judge, Karur confirming the judgment and decree in O.S.No.6 of 1996 dated 24.08.2007 on the file of the Subordinate Judge, Karur.

For Appellants : Mr.S.Yasar Arafath For Respondents : No appearance

JUDGMENT

The Second Appeal is directed against the judgment and decree passed in A.S.No.59 of 2007 dated 19.10.2009 on the file of the District Court, Karur, confirming the judgment and decree passed in O.S.No.6 of 1996 dated 24.08.2007 on the file of the Subordinate Court, Karur.

2. When the matter was taken up on 21.01.2026, at request of the learned counsel on either side, the matter was adjourned to 03.02.2026 i.e., today for arguments finally. When the matter is taken up today, the learned counsel appearing for the appellants would submit that they are not having instructions. No representation for the respondents. Since the matter is pending from 2014 and despite posted as finally, the learned counsel appearing for the appellants is not ready to proceed with the 3/6

arguments, this Court is not inclined to adjourn any further. Accordingly, this Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs.

03.02.2026 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The District Court, Karur.

2. The Subordinate Court, Karur.

3. The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J csm Judgment made in and M.P.(MD)No.2 of 2014 Dated : 03.02.2026 6/6