Dismissed¶¶67

Allapitchai v. Arukkani Ammal

Madras HC21 Apr 2026SA/1656/2003

Case brief

AI extract

What is this about?

Madras High Court; S.A.Nos.1656 & 1657 of 2003; Section 100 CPC second appeals; dismissed for non-prosecution on 21/04/2026 (R. Sakthivel, J.); appellant Allapitchai absent though called, counsel reported “No Instructions”; challenged A.S.Nos.19 & 18 of 2000 (Additional District Judge-cum-Chief Judicial Magistrate, Perambalur, dated 26.02.2002) confirming O.S.No.119 of 1992 (District Munsif, Ariyalur) and O.S.No.137 of 1993 (Additional District Munsif, Ariyalur); no costs; no adjudication on merits; of limited precedential value.

What did the court decide?

Both Second Appeals dismissed for non prosecution; no order as to costs. ¶¶67

Allapitchai Vs Arukkani Ammal — Madras HC (2026) — LawSathi Research

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S.A.NOS.1656 & 1657 OF 2003

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21/04/2026

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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S.A.NOS.1656 & 1657 OF 2003

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S.A.NO.1656 OF 2003

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Allapitchai S/o.Mohammed Ali Mettu Street, Madavi Road, Perambalur.

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...Appellant/Appellant / Plaintiff

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Vs.

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1.Arukkani Ammal W/o.Angamuthu, East Street, Perambalur.

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2.Elangovan, S/o.Angamuthu, East Street, Perambalur.

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3.Nalla Thambi, S/o.Angamuthu, East Street, Perambalur.

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4.Chinnadurai, S/o.Angamuthu, East Street, Perambalur.

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Page No.1 of 7

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

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S.A.NOS.1656 & 1657 OF 2003

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5.Elanjiyam, S/o.Angamuthu, East Street, Perambalur.

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...Respondents/Respondents/ Defendants

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PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated February 26, 2002 made in A.S.No.19 of 2000 on the file of the Additional District Judge-cum-Chief Judicial Magistrate, Perambalur confirming the Judgment and Decree dated March 25, 1994 made in O.S.No.119 of 1992

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on the file of the District Munsif Court at Ariyalur.

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For Appellant : No appearance For Respondent-1 : Died For Respondents-2 to 5 : Mr.A.Ilango

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S.A.NO.1657 OF 2003

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Allapitchai S/o.Mohammed Ali Mettu Street, Madavi Road, Perambalur. ...Appellant/Appellant / 1^st Defendant

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Vs.

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1.Paramasivam S/o.Ponnusamy

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2.Chinnasamy S/o.Sengamalai

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Page No.2 of 7

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

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S.A.NOS.1656 & 1657 OF 2003

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3.Angamuthu W/o.Sengamalai

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4.Arukkani W/o.Angamuthu

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5.Nalla Thambi S/o.Angamuthu

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6.Chinnadurai S/o.Angamuthu

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7.Elanjiyam S/o.Angamuthu

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8.Elangovan S/o.Angamuthu Respondents 1 to 8 are residing at East Street, Perambalur.

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9.Pappa D/o.Chinnaiyan East Street, Perambalur.

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10.Paramasivam S/o.Chinnaiyan Adhidravidar Street, Mariamman Koil Street near Perambalur.

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11.Kalavathy W/o.Ramasamy Chettiar Colony, Sangu near Perambalur.

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12.Chitra W/o.Balachandran Adhidravidar Street, Mariamman Koil Street near Perambalur.

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...Respondents/Respondents/ Plaintiffs

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Page No.3 of 7

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

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S.A.NOS.1656 & 1657 OF 2003 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated February 26, 2002 made in A.S.No.18 of 2000 on the file of the Additional District Judge-cum-Chief Judicial Magistrate, Perambalur confirming the Judgment and Decree dated March 25, 1994 made in O.S.No.137 of 1993 on the file of the Additional District Munsif Court at Ariyalur.

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For Appellant : No appearance For Respondent-4 : Died steps due For Respondents1, 2 & 3, 5 to 12 : Mr.A.Ilango

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COMMON JUDGMENT

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Daily Order dated April 20, 2026 passed in S.A.No.1656 of 2003

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reads thus:

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“Pursuant to the order dated April 6, 2026,

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the Appellant’s name has been shown in the cause list.

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2.Despite name has been shown in the cause list, no representation for the Appellant. Appellant is called absent.

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3.Mr.A.Ilango, Counsel on record for the Respondent Nos.2 to 5 is before the Court.

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4.List the matter on April 21, 2026.”

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Page No.4 of 7

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

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S.A.NOS.1656 & 1657 OF 2003

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2.Daily Order dated April 20, 2026 passed in S.A.No.1657 of 2003

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reads thus:

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“M/s.Sarvabhauman Associates, already

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reported “No Instructions”.

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2.Hence, Registry is directed to print the

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name of the Appellant.

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3.List the matter on April 21, 2026.”

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3.There is no representation for the Appellant in both the Appeals.

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4.The Appellant was called absent.

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5.As it could be seen from the above, despite sufficient

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opportunities given, the Appellant in both the Appeals did not choose to appear and argue these Second Appeals. Under these circumstances, this Court has no other option except to dismiss the Second Appeals for non prosecution. Accordingly, the Second Appeals are dismissed for non prosecution. Considering the facts and circumstances of the case, there shall be no order as to costs.

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21/04/2026

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