Dismissed¶35

M.Ranganathan v. M.Thulasi Naicker Deceased

Madras HC7 Feb 2025SA/1235/2008

Case brief

AI extract

What is this about?

Madras High Court; S.A.No.1235 of 2008; second appeal dismissed for non-prosecution; appellant's counsel (Mr.A.Seshan) absent on 13.12.2024, 17.01.2025, 04.02.2025 and 07.02.2025; appeal posted under caption 'for dismissal'; Section 100 CPC; A.S.No.73 of 2005 Subordinate Judge Ranipet dated 23.02.2006; reversal of O.S.No.160 of 1995 District Munsif Walajapet dated 15.09.2003; no costs; no substantive findings on title or possession.

What did the court decide?

None; the second appeal was dismissed for non-prosecution and no costs were awarded. No substantive adjudication of the underlying property dispute took place. ¶35

M.Ranganathan Vs M.Thulasi Naicker Deceased — Madras HC (2025) — LawSathi Research

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S.A.No.1235 of 2008

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.02.2025

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CORAM

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THE HONOURABLE Mr.JUSTICE S.S.SUNDAR

S.A.No.1235 of 2008

M.Ranganathan

... Appellant

[Cause-title accepted vide order of the Court dated 02.09.2008 made in M.P.No.1 of 2008 in SA.SR.No.78440 of 2006]

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M.Thulasi Naicker (since deceased)

1.M.Balakrishnan

2.Ellammal

3.Bhuvaneswari

4.Punitha

5.Poongothai

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6.Rajasekaran

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7.Ramesh

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8.Malini Srinivasan

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9.Maheswari Durairaj 10.T.Thillai 11.T.Manohar 12.T.Ravi 13.Nalini Chandrababu 14.T.Madhavan

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... Respondents

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[Respondents 1 to 7 were given up by the appellant in First Appeal]

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https://www.mhc.tn.gov.in/judis 1/4

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S.A.No.1235 of 2008

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Prayer

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Prayer : Second Appeal filed under Section 100 of CPC, praying to set aside the judgment and decree of the lower Appellate Court dated 23.02.2006 passed in A.S.No.73 of 2005 on the file of the Subordinate Judge, Ranipet, reversing the judgment and decree dated 15.09.2003 passed in O.S.No.160 of 1995 on the file of the District Munsif, Walajapet, by allowing the above second appeal.

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For Appellant : Mr.A.Seshan [No appearance] For Respondents : Mr.G.Jeremiah for R1, R6, R10 & R11

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JUDGMENT

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This matter appeared in the cause-list on 13.12.2024, 17.01.2025, and 04.02.2025, but none represented the appellant. Therefore, on 04.02.2025, this Court directed the Registry to post this second appeal under the caption

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'for dismissal' on 06.02.2025.

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Despite this matter appeared in the cause-list on earlier occasions i.e., on 13.12.2024, 17.01.2025, and 04.02.2025 and even today i.e., 07.02.2025 under the caption 'for dismissal', the counsel for the appellant did

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not appear to prosecute his case. Hence, this Court has no other option but to dismiss the appeal for non-prosecution. Accordingly, this second appeal is

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