Dismissed¶36

Marimuthu (Deceased) Died in v. Srinivasan

Madras HC24 Jul 2025SA/1179/2009

Case brief

AI extract

What is this about?

Madras High Court, S.A.No.1179 of 2009, C.V.Karthikeyan J., decided 24.07.2025: Second Appeal (Sec. 100 CPC) by heirs of deceased plaintiff Marimuthu against concurrent dismissal of his adverse-possession title claim (O.S.No.15 of 2001, District Munsif Nannilam; A.S.No.87 of 2005, Sub Court Tiruvarur) DISMISSED FOR NON-PROSECUTION — appeal not admitted, no appearance by appellants, batta direction of 14.12.2022 uncomplied; no costs; no merits decided; no precedents discussed.

What did the court decide?

The Second Appeal stands dismissed for non-prosecution, with no costs, the appeal never having been admitted, the appellants being unrepresented, and the batta directed on 14.12.2022 remaining unpaid. ¶36

Marimuthu (Deceased) Died in Vs Srinivasan — Madras HC (2025) — LawSathi Research

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S.A.No.1179 of 2009

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.07.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN S.A.No.1179 of 2009

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Marimuthu (Deceased) died in the First Appellate Court

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Alamelu

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Veeramani

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Malaiyappan

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Natarajan 5. Vasantha

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... Appellant

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vs.

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Srinivasan

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Thiagarajan

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Saraswathi

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Shanmugam

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The Tahsildar, Nannilam Taluk.

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The District Collector, Tiruvarur District, Tiruvarur.

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Kangappa

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Kalaimani

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Swaminathan

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Loordhuammal ..Respondents

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PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the decree and Judgment dated 15.04.2008 in A.S.No.87 of 2005 on the file of the Sub Court, Tiruvarur, confirming the decree and Judgment dated 21.07.2005 in O.S.No.15 of 2001 on the file of the District Munsif, Nannilam.

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For Appellants : No appearance

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1/4

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https://www.mhc.tn.gov.in/judis

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S.A.No.1179 of 2009

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For Respondents : Ms.R.T.Shyamala for R2 and R3 Mr.R.G.Ameedius, Government Advocate for R5 and R6 No appearance for R4

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JUDGMEN T

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The plaintiff is the appellant. The suit filed by the plaintiff (deceased) in O.S.No.15 of 2001 before the District Munsif Court, Nannilam, stating that the plaintiff had perfected title through adverse possession. It had been dismissed by the trial Court. Aggrieved by the same, the first appeal had been filed in A.S.No.87 of 2005 before the Sub Court, Tiruvarur which was also dismissed, against which the plaintiffs have preferred the present Second Appeal.

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2 . The Second Appeal has not been admitted till date and there

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is no representation on behalf of the appellants even though the names of the four counsels have been printed in the cause list on 12.06.2025 and again on 27.06.2025. It is also to be noted that on 14.12.2022, the learned single Judge of this Court had directed the plaintiffs to comply with the requirements of the Registry including the payment of the batta on or before 04.01.2023, failing which the appeal would shall stand dismissed against R4 and R8. However, batta had not been paid yet.

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2/4

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https://www.mhc.tn.gov.in/judis

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S.A.No.1179 of 2009

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3. In view of above, this Second Appeal stands dismissed for

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non prosecution. No costs.

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24.07.2025