Second Appeal dismissed for default. The appellant was called absent as letters served were returned with endorsement 'refused' and no instructions were reported. The court dismissed the appeal and made no order as to costs.
The Second Appeal is dismissed for default. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SA No. 1204 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
S.A.No.1204 of 2004
Mahalingam, S/o.Pacha Beyan, Kuppandampalayam, Bhavani Taluk.
...Appellant/Appellant/
Plaintiff
Vs
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SA No. 1204 of 2004
12.Eswari, S/o Ammasi Boyan, R10 to R12 are at Anthiyur Taluk, Erode District.
S/o Natraj @ Karuppusami,
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SA No. 1204 of 2004
14.Rajamani,
D/o Nataraj @ Kuruppusami, R13 and R14 are at Anthiyur Taluk, Erode District.
S/o Ponnusami, R15 to R17 are at Athani Village, Anthiyur Taluk, Erode District.
...Respondents/ Respondents/ Defendants
(R10 to R12 brought on record as LRs of the deceased R1, viz., Ammasi Boyan, vide order of Court dated 19/07/2019 made in C.M.P.Nos.13498,13496 and 13499/2019 in S.A.No.1204 of 2004)
(R13 and R14 brought on record as LRs of the deceased R7, viz., Nataraj @ Karuppusami, vide order of Court dated 19/07/2019 made in C.M.P.No.13502 of 2019 in S.A.No.1204 of 2004)
(R15 to R17 brought on record as LRs of the deceased R8, viz., Ponnusami, vide order of Court dated 13/08/2019 made in C.M.P.Nos.13495, 13500 and 13501 of 2019 in S.A.No.1264 of 2004)
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree passed in A.S.No.62 of 2003 dated November 28, 2003 on the file of Subordinate Court,
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SA No. 1204 of 2004
Bhavani, Erode District, confirming the Judgment and Decree passed in O.S.No.106 of 2002 dated July 25, 2003 on the file of I Additional District Munsif, Bhavani.
For Appellant(s) : No appearance For Respondent(s): Ms.Zeenath Bagam for R2, R3 and R9
ORDER
Daily Order dated June 26, 2025 reads thus:
“The learned counsel for the appellant submits that letter sent to the appellant on 09.06.2025, was returned as refused. The learned counsel therefore reports no instructions.
2.Registry is directed to issue notice to the appellant returnable by 10.07.2025.
3.Post the matter on 10.07.2025.”
2.Daily Order dated July 10, 2025 reads thus:
“Post after service of notice to the sole appellant.”
3.Daily Order dated March 05, 2026 reads thus:
“Ms.A.Nilaphar, representing Ms.R.Meenal, Counsel on
record for the Appellant is before this Court. Representing Counsel for the Appellant submits that the Counsel on record for the Appellant already reported “no instructions” on June 26, 2025.
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SA No. 1204 of 2004
2.On perusal of records, it is seen that this Court directed the Registry to send notice to the Appellant returnable by July 10, 2025. The said notice was returned with the endorsement “refused”.
3.Registry is directed to print the name of the Appellant and remove the name of the Counsel on record for the Appellant and list the matter on 18.03.2026.”
4.Pursuant to the order dated 05.03.2026, the Appellant’s name has been shown in the cause list. There is no representation for the Appellant. The Appellant was called absent.
5.Ms.Zeenath Begum, learned counsel for the Respondent Nos.2, 3 and 9
is before this Court.
6.Despite name printed in the cause list, the appellant did not appear and conduct the Second Appeal.
7.Hence, this Court has no other option, except to dismiss this Second Appeal. Accordingly, this Second Appeal is dismissed for default. Considering the facts and circumstances of the case, there shall be no order as to costs.
18-03-2026
MPS
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SA No. 1204 of 2004
To
1.The Subordinate Court, Bhavani, Erode District.
2.The I Additional District Munsif, Bhavani.
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SA No. 1204 of 2004
R.SAKTHIVEL J.
MPS
S.A.No.1204 of 2004
18-03-2026
__________ Page7 of 7
1 issue framed by the court
Whether the Second Appeal filed under Section 100 CrPC, 1908 should be allowed given the absence of the appellant.
1 provisions across 1 enactments
Mahalingam
M/s. Ammasai Boyan (died)
Karuppusami
Sengodan
Subramaniam
Kaliappan
R. SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
