Ponnaian Nadar, v. Nallathambi Nadar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2026

CORAM

THE HON'BLE MS.JUSTICE R.POORNIMA, SA.No.1159 of 2003 1.Ponnaian Nadar ... Appellant Vs.

1.Nallathambi Nadar 2.Achuthan @ Nirmalan 3.Kesavan

4. Natarajan 5.Pushparathi 6.Amala Latha ... Respondents PRAYER : Second Appeal filed under Section 100 Cr.P.C., to set aside the judgment and decree passed by the Subordinate Court, Padmanabhapuram in A.S.No.134 of 1996, dated 22.10.2002 confirming the judgment and decree passed in O.S.No.118 of 1982 dated 13.09.1996, passed by the Additional District Munsif Court, Padmanabhapuram.

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For Appellant : Mr.T.R.Rajaraman For Respondents : dismissed as against - R1, R3 to R5

JUDGMENT

It is seen that the proof of service for 6th respondent not yet filed. The appeal is dismissed as abated as against respondents 1, 3 to 5. Till date, the learned counsel for the appellant is not interested to take any steps to set aside the abatement or to file proof of service for 6th respondent or ready to argue the matter. This Second Appeal is of the year 2003. It shows that the appellant is not interested in pursuing the appeal on merits and in view of the same, the second appeal is liable to be dismissed for non-prosecution.

2. In view of the above, this second appeal is dismissed for non-prosecution. No costs.

03.06.2026 NCC : Yes / No Index : Yes / No RM 2/4

To 1.The Subordinate Court, Padmanabhapuram.

2.The Additional District Munsif Court, Padmanabhapuram.

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

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R.POORNIMA, J.

RM 03.06.2026 4/4