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N.Paraman (**) Died Vs N.Arumugam (*) Died — Madras HC (2025) — LawSathi Research

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Madras HC
2025
N.Paraman (**) Died Vs N.Arumugam (*) DiedN.Paraman (**) Died v. N.Arumugam (*) Died

Dismissed¶32

N.Paraman (**) Died v. N.Arumugam (*) Died

Madras HC8 Jul 2025SA(MD)/590/2006

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; S.A(MD)No.590 of 2006; Second Appeal Section 100 CPC; dismissed for default / non-prosecution; counsel memo 04.07.2025 reporting 'No instructions'; listed 'For Dismissal' on 08.07.2025; connected C.M.P(MD)Nos.1843-1845 of 2021 dismissed; M.P(MD)No.1 of 2006 closed; R.Vijayakumar J.; arose out of O.S.No.39 of 1998 District Munsif's Court Thirumangalam, confirmed in A.S.No.106 of 2005 First Additional Subordinate Judge Madurai; parties: N.Paraman (died), P.Nagarathinam, P.Nagu, Shanthi (appellants/legal heirs) vs N.Arumugam (died), Nagaraj Pandian, Muthupandiammal @ Selvi, M.Uma @ Ponnal, V.Selvam, V.Nithyanandam (respondents); advocate C.Mahadevan for Respondents 4 to 6; no citation value on merits.

What did the court decide?

As there was no representation on the side of the appellants on successive listings after counsel reported 'no instructions', the Second Appeal stands dismissed for default, with no order as to costs.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

As there was no representation on the side of the appellants on successive listings after counsel reported 'no instructions', the Second Appeal stands dismissed for default, with no order as to costs.

Key takeaways

In consequence of the dismissal of the Second Appeal for default, connected C.M.P(MD)Nos.1843 to 1845 of 2021 stand dismissed and M.P(MD)No.1 of 2006 stands closed.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S.A(MD)No.590 of 2006 (decided 08.07.2025, R.Vijayakumar, J.) — Second Appeal under Section 100 of the Civil Procedure Code, 1908 against the judgment and decree dated 13.09.2005 in A.S.No.106 of 2005 (First Additional Subordinate Judge, Madurai) confirming the decree dated 24.03.2005 in O.S.No.39 of 1998 (District Munsif's Court, Thirumangalam) — DISMISSED FOR DEFAULT. Counsel for the appellants filed a memo on 04.07.2025 reporting 'No instructions'; the appeal was listed on 07.07.2025 and again on 08.07.2025 under the caption 'For Dismissal', with no representation on either date. No order as to costs; connected C.M.P(MD)Nos.1843 to 1845 of 2021 dismissed and M.P(MD)No.1 of 2006 closed. No merits adjudicated.

A

S.A(MD)No.590 of 2006

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

S.A(MD)No.590 of 2006 and M.P(MD)No.1 of 2006 and C.M.P(MD)Nos.1843 to 1845 of 2021

N.Paraman (Died) ... Appellant/Appellant/ Defendant

2.P.Nagarathinam

3.P.Nagu

4.Shanthi ... Appellants 2 to 4

(Appellants 2 to 4 are brought on record as legal heirs of the deceased sole appellant as per order, dated 12.10.2018 in M.P(MD)Nos.3 to 5 of 2013 in S.A(MD)No. 590 of 2006)

Vs.

1.N.Arumugam (Died) ... Respondent/Respondent/ Plaintiff

2.Nagaraj Pandian

3.Muthupandiammal @ Selvi

1/4

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

S.A(MD)No.590 of 2006

4.M.Uma @ Ponnal

... Respondents 2 to 4

(Respondents 2 to 4 are brought on record as legal heirs of the deceased sole respondent as per order, dated 12.10.2018 in M.P(MD)Nos.1 to 5 of 2013 in S.A(MD)No.590 of 2006)

5.V.Selvam

6.V.Nithyanandam

... Respondents 5 & 6

(Respondents 5 and 6 are impleaded vide Court order, dated 25.02.2021 made C.M.P(MD)No. 6579 of 2020 in S.A(MD)No.590 of 2006)

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, 1908, against the judgment and decree, dated 13.09.2005 in A.S.No.106 of 2005 on the file of the First Additional Subordinate Judge, Madurai confirming the judgment and decree, dated 24.03.2005 passed in O.S.No.39 of 1998 on the file of the District Munsif's Court, Thirumangalam.

For Appellants : No appearance For R-2 : No appearance For R-4 to R-6 : Mr.C.Mahadevan

JUDGMENT

The learned Counsel appearing for the appellant had filed a Memo on 04.07.2025 reporting 'No instructions'. The matter was listed on 07.07.2025 after printing the names of the appellants. Even on 2/4

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

S.A(MD)No.590 of 2006

07.07.2025, there was no representation on the side of the appellants. Hence, the matter is listed today under the caption 'For Dismissal'. Even today, there is no representation on the side of the appellants. Therefore, the Second Appeal stands dismissed for default. There shall be no order as to costs. Consequently, connected C.M.P(MD)Nos.1843 to 1845 of 2021 stand dismissed. M.P(MD)No.1 of 2006 stands closed.

08.07.2025

NCC : Yes / No Index : Yes / No Internet : Yes BTR

To

1.The First Additional Subordinate Judge, Madurai.

2.The District Munsif's Court, Thirumangalam.

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

3/4

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

S.A(MD)No.590 of 2006

R.VIJAYAKUMAR, J.

BTR

Judgment made in S.A(MD)No.590 of 2006

Dated: 08.07.2025

4/4

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

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure Code, 1908Section 100¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 13.09.2005 in A.S.No.106 of 2005 passed by the First Additional Subordinate Judge, Madurai, confirming the judgment and decree dated 24.03.2005 in O.S.No.39 of 1998 (District Munsif's Court, Thirumangalam)¶26
First Additional Subordinate Judge, Madurai · 13.09.2005
Prior proceeding
Trial: suit in O.S.No.39 of 1998 on the file of the District Munsif's Court, Thirumangalam, decided by judgment and decree dated 24.03.2005¶26
Prior proceeding
Appellants 2 to 4 brought on record as legal heirs of the deceased sole appellant by order dated 12.10.2018 in M.P(MD)Nos.3 to 5 of 2013 in S.A(MD)No.590 of 2006¶11
Prior proceeding
Respondents 2 to 4 brought on record as legal heirs of the deceased sole respondent by order dated 12.10.2018 in M.P(MD)Nos.1 to 5 of 2013 in S.A(MD)No.590 of 2006¶21
Prior proceeding
Respondents 5 and 6 impleaded by Court order dated 25.02.2021 in C.M.P(MD)No.6579 of 2020 in S.A(MD)No.590 of 2006¶25
Prior proceeding
Counsel for the appellant filed a memo dated 04.07.2025 reporting 'No instructions'¶29
Prior proceeding
Matter listed on 07.07.2025 after printing the names of the appellants; no representation appeared on the side of the appellants¶29
Prior proceeding
Matter listed on 08.07.2025 under the caption 'For Dismissal'; again no representation on the side of the appellants¶32

Parties & counsel

AI extract

appellant
N.Paraman (Died)¶7
appellant
P.Nagarathinam¶8
appellant
P.Nagu¶9
appellant
Shanthi¶10
respondent
N.Arumugam (Died)¶13
respondent
Nagaraj Pandian¶14
respondent
Muthupandiammal @ Selvi¶15
respondent
M.Uma @ Ponnal¶19
C.Mahadevan
respondent
V.Selvam¶22
C.Mahadevan
respondent
V.Nithyanandam¶23
C.Mahadevan

Coram

AI extract

R.Vijayakumarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 8 Jul 2025 · July
Registered: 13 Jul 2006
Case no.: SA(MD)/590/2006
CNR: HCMD010025872006
Bench: R.vijayakumar
Disposal: DISMISSED FOR DEFAULT
Case type: S.A(MD)

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Cite this judgement

N.Paraman (**) Died v. N.Arumugam (*) Died, SA(MD)/590/2006 (MAD), decided on 8 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure Code, 1908Section 100

View all statutes

Procedural history8

Judgment and decree dated 13.09.2005 in A.S.No.106 of 2005 passed by the First Additional Subordinate Judge, Madurai, confirming the judgment and decree dated 24.03.2005 in O.S.No.39 of 1998 (District Munsif's Court, Thirumangalam)First Additional Subordinate Judge, Madurai · 13.09.2005
Trial: suit in O.S.No.39 of 1998 on the file of the District Munsif's Court, Thirumangalam, decided by judgment and decree dated 24.03.2005
Appellants 2 to 4 brought on record as legal heirs of the deceased sole appellant by order dated 12.10.2018 in M.P(MD)Nos.3 to 5 of 2013 in S.A(MD)No.590 of 2006

View full history

Bench / Coram

R.Vijayakumar

Parties & counsel