Dismissed¶36

Amirtham Ammal v. Rama Gounder

Madras HC6 Apr 2026SA/441/2004

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution; Madras High Court; S.A. No. 441 of 2004; R. Sakthivel J.; decision dated 06-04-2026; counsel on record reported no instructions (Memo dated 26.03.2026); appellant called absent; no order as to costs; filed under Section 100 CPC; challenge to A.S.No.17 of 2002 (Additional District and Sessions Judge, FTC-II, Tindivanam) confirming O.S.No.569 of 1989 (Additional District Munsif, Tindivanam); appeal against R1 to R3 dismissed on their death vide order dated 27/03/2026; parties Amirtham Ammal v. Rama Gounder and others; Kodima Village, Tindivanam Taluk.

What did the court decide?

None; Second Appeal dismissed for non-prosecution with no order as to costs. ¶36

Amirtham Ammal Vs Rama Gounder — Madras HC (2026) — LawSathi Research

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SA No. 441 of 2004

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE R.SAKTHIVEL

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S.A. No. 441 of 2004

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Amirtham Ammal, W/o.Subramania Gounder, Kodima Village, Tindivanam Taluk.

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..Appellant/ Appellant/Plaintiff Vs

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1..Rama Gounder, S/o.Perumal Gounder

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Ammaiyappa Gounder (died) S/o.Perumal Gounder

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2.Loganayaki, W/o.Ammaiyappan 3.Shanmugham, S/o.Ammaiyappan

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all are residing at Kodima Village, Tindivanam Taluk.

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..Respondents/ Respondent Nos.1, 3 and 4/Defendants 1, 3 and 4

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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.17 of 2002 dated May 21, 2003 on the file of Additional District and Sessions Judge, FTC-II, Tindivanam, confirming the Judgment and Decree passed in O.S.No.569 of 1989 dated August 30, 1996 on the file of Additional District Munsif, Tindivanam.

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Page1 of 4

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

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SA No. 441 of 2004

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For Appellant(s): Mr. Sathishkumar, for M/s.Sarvabhauman Associates

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For Respondent(s): R1 to R3 - died Dismissed - Vide Court Order dated 27/03/2026

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ORDER

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Daily Order dated March 7, 2026 reads thus:

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“Daily Order dated March 26, 2026 reads thus:

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Ms.Swathi, representing M/s.Sarvabhauman Associates, Counsel on record for the Appellant submits that Counsel on record has no instructions from the Appellant. To that effect, She filed a Memo along with a letter dated 12.03.2026 addressed to the Appellant.

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2.She further submits that the Counsel on record sent three notices to the Appellant. Despite receipt of those notices, the Appellant did not turn up and the aforesaid Memo 26.03.2026 is recorded.

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3.Registry is directed to print the Appellant’s name in the cause list in the next listing date.

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4.With a view to give one more opportunity to the Appellant, this Court adjourns the matter on 27.03.2026.

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5.List the matter on March 27, 2026 under the cause list caption “For Dismissal”.

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2.Mr.Sathishkumar representing M/s.Sarvabhauman Associates, Counsel on record for the Appellant is before this Court.

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__________ Page2 of 4

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

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SA No. 441 of 2004

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3.Registry failed to print the name of the Appellant in the cause list.

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4.Registry is directed to print the name of the Appellant on the next hearing date and list the matter on 06.04.2026 under the same cause list caption.”

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2.Mr.Sathishkumar, representing M/s.Sarvabhauman Associates, learned Counsel on record for the Appellant submits that he has already reported “no

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instructions” vide a Memo dated March 26, 2026. The submission is recorded.

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3.Pursuant to the order dated March 27, 2026, the Appellant’s name has been shown in the cause list. The Appellant is called absent. Hence, this Second Appeal is dismissed for non prosecution. Considering the facts and circumstances of the case, there shall be no order as to costs.

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06-04-2026

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

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1.The Additional District and Sessions Judge, FTC-II, Tindivanam.

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2.The Additional District Munsif, Tindivanam.

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3.The Section Officer, V.R. Section, Madras High Court.

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