Dismissed¶36

Songappa Gounder(Died) R.S.Nallasivam v. R.Sivanantham

Madras HC4 Mar 2026CMP/3867/2021

Case brief

AI extract

What is this about?

Madras High Court order dated 04-03-2026 by S. Sounthar J.; CMP No.3867 of 2021; SA Sr No.13261 of 2021; withdrawal of second appeal; endorsement by counsel; condonation of 300 days delay; Section 100 of CPC; AS.No.56 of 2016 First Additional Sub Court Erode; E.A.No.157 of 2013; E.P.No.22 of 2008; O.S.No.320 of 1999 First Additional District Munsif Erode; petitioner R.S.Nallasivam / Songappa Gounder(died); respondents R.Sivanantham, Rukmani, Jaganathan, Kolandasamy (died), Loganayaki, Throwpathi, Gandhimathi, V.Selvi, minor U.K.Thenaka Sueseendran; LRs 8 and 9 added 13/03/2024; dismissed as withdrawn; no costs.

What did the court decide?

Withdrawal permitted pursuant to counsel's endorsement; CMP No.3867 of 2021 and SA Sr No.13261 of 2021 dismissed as withdrawn; no order as to costs. ¶36

Songappa Gounder(Died) R.S.Nallasivam Vs R.Sivanantham — Madras HC (2026) — LawSathi Research

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CMP No. 3867 of 2021 and SA Sr No.13261 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP No. 3867 of 2021 and

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SA Sr No.13261 of 2021

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Songappa Gounder(died) R.S.Nallasivam S/o.Late Songappa Gounder, Nootikadu, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk And District.

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..Petitioner(s)

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R.Sivanantham S/o.Rangasamy, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk, Erode District.

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Kasilinga Gounder(died)

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Rukmani W/o.Late Kasilinga Gounder, Nootikadu, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk And District.

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3. Jaganathan S/o.Late Kasilinga Gounder, Nootikadu, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk And District.

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KOLANDASAMY (Died) S/o.Late Kasilinga Gounder, Nootikadu, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk And District.

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__________ Page1 of 5

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

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CMP No. 3867 of 2021 and SA Sr No.13261 of 2021

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Loganayaki

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W/o.Lae V.K.Kailasam, Old No.261, New No.325, Veerapadra Street, Erode 638 001, Erode Taluk And District.

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Throwpathi W/o.Rangasamy, Old No.150, New Door No.154, Vettuvapalayam, Sivagiri, Modakurichi Taluk, Erode District.

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Gandhimathi W/o.Ramalingam, Door No.48, New No.3, Thiruvalluvar Street, Manoor, Modakkurichi, Modakkurichi Taluk, Erode District.

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V.Selvi, W/o.Kolandasamy, Nootikad, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk and Dist

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Minor U.K.THENAKA SUESEENDRAN Minor rep.by Mother, S/o.Koladasamy, Nootikadu, Uthandipalayam, Punjai Kalamangalam Village, Erode Taluk and Dist

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RR 8 and 9 brought on record as LRs of the deceased R4 viz., Kolandasamy vice court order dated 13/03/2024 made in CMPs 13593 to 13595/2022 in SA Sr 13261/2021.

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..Respondent(s)

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Prayer in CMP No.3867 of 2021 : Civil Miscellaneous Petition is filed to condone the delay of 300 days in filing the above Second Appeal against the Judgment and decree dated 31.01.2019 made in AS.No.56 of 2016 on the file of the Ld First Additional Sub Court, Erode confirming the Judgment and decree dated 21.07.2015 made in E.A.No.157 of 2013 in E.P.No.22 of 2008 in O.S.No.320 of 1999 on the file of the Ld. First Additional District Munsif Court, Erode.

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Page2 of 5

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

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CMP No. 3867 of 2021 and SA Sr No.13261 of 2021

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Prayer in S.A.Sr No.13261 of 2021: Second Appeal filed under Section 100 of CPC against the Judgment and decree dated 31.01.2019 made in AS.No.56 of 2016 on the file of the First Additional Sub Court, Erode confirming the Judgment and decree dated 21.07.2015 made in E.A.No.157 of 2013 in E.P.No.22 of 2008 in O.S.No.320 of 1999 on the file of the First Additional District Munsif Court, Erode.

For Petitioner(s):

Mr. N.Manoharan

ORDER

The learned counsel for the petitioner seeks permission of this court to withdraw the S.A.Sr No.13261 of 2021 along with this civil miscellaneous petition and to that effect, he has also made an endorsement in the bundle.

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Recording the submission and the endorsement made by the learned

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counsel for the petitioner, this petition in CMP No.3867 of 2021 as well as the second appeal in SA Sr No.13261 of 2021 are dismissed as withdrawn. There shall be no order as to costs.

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04-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MST

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__________ Page3 of 5

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

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CMP No. 3867 of 2021 and SA Sr No.13261 of 2021