R.Muthiah(Died) v. S. Sebastian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025

CORAM

THE HONOURABLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.134 of 2016 R.Muthiah (Died) 1.M.Manickavalli @ Manickam 2.Minor Manickakannan 3.Minor Kaviya (Minor appellants represented by their mother and guardian the 1st appellant) .. Appellants Vs.

1.S.Sebastian 2.P.Krishnan 3.Mary 4.The Tahsildar, Taluk Office, Thiruppathur Taluk, Sivagangai District.

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5.The Deputy Superintendant of Police, Thiruppathur Town, Sivagangai District.

6.The State of Tamil Nadu, represented through its District Collector, Sivagangai, District Collector's Campus, Sivagangai.

(Respondent Nos.4 to 6 are given up as relief in their respect refused and has become final) .. Respondents Prayer : Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 31.08.2015 passed in A.S.No.24 of 2013 on the file of the learned District Judge, Sivagangai, dismissing the appeal with cost confirming the decree and judgment dated 24.09.2013 rendered by the learned Subordinate Judge, Sivagangai in O.S.No.29 of 2005 on her file decreeing the suit as prayed for without cost. For Appellants : No Appearance For R1 : Mr.R.Paranjothi, Advocate R4 to R6 : Given up

JUDGMENT

Today, this matter has been listed under the caption "for dismissal".

2. When the matter is taken up for hearing, the learned counsel for the 1st respondent is present, and there is no representation for the appellants. 2/4

Even on the earlier occasion i.e. on 16.09.2025, there was no representation for the appellants.

3. Being left with no other option, this Second Appeal is dismissed for non-prosecution. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

23.09.2025 Index:Yes/No Speaking Order :Yes/No mkn 3/4

P. VADAMALAI , J.

mkn To 1.The District Court, Sivagangai.

2.The Sub Court, Sivagangai.

and C.M.P.(MD)No.134 of 2016 23.09.2025 4/4