Dismissed¶24

Smt. Sarathammal v. Mr. Anbumani

Madras HC29 Jul 2026SA/759/2016

Case brief

AI extract

What is this about?

Madras High Court; SA No. 759 of 2016; P. Dhanabal J.; judgment dated 29-07-2026; Second Appeal under Section 100 Civil Procedure Code; dismissal for non-prosecution; appellants' non-appearance despite several opportunities; posted 'for dismissal'; no costs; impugned judgment dated 19.08.2015 in A.S.No.200 of 2013 (IV Additional City Civil Judge, Chennai); trial decree in O.S.No.2602 of 2011 (V Assistant City Civil Judge, Chennai); respondent represented by Mr.S.Saravana Kumar; no cases cited.

What did the court decide?

Several opportunities had already been given for the appearance of the appellants, yet there was no representation for them on the file. ¶23

Smt. Sarathammal Vs Mr. Anbumani — Madras HC (2026) — LawSathi Research

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SA No. 759 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL

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SA No. 759 of 2016

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Smt. Sarathammal No. 1/3, Lakshmiamman Kovil Street, Perambur, Chennai 600 011.

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Mr. F.N. Balasundaram No. 1/2, Lakshmiamman Kovil Street, Perambur, Chennai 600 011.

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..Appellant(s)

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Mr. Anbumani, No. 1/1, Lakshmiamman Kovil Street, Perambur, Chennai 600 011.

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..Respondent(s)

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Prayer: Second Appeal filed under Section 100 of Civil Procedure Code to set aside the Decree and Judgment dated 19.08.2015 passed in A.S.No.200 of 2013 by the learned IV Additional City Civil Judge, Chennai and confirmed the Decree and Judgment dated 11.12.2012 passed in O.S.No.2602 of 2011 by the learned V Assistant City Civil Judge, Chennai.

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For Appellant(s): No appearance For Respondent(s): Mr.S.Saravana Kumar

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J U D G M E N T

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This Second Appeal has been filed to set aside the Decree and

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Judgment dated 19.08.2015 passed in A.S.No.200 of 2013 by the

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Page1 of 4

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

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SA No. 759 of 2016

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learned IV Additional Judge, City Civil Court, Chennai and to confirm the Decree and Judgment dated 11.12.2015 passed in O.S.No.2602 of 2011 by the learned V Assistant Judge, City Civil Court, Chennai.

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When the matter is taken up for hearing, there is no representation for the appellants. The learned counsel appearing for the respondent is present.

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On going through the entire documents placed on record it is seen that already several opportunities were given for the appearance of the appellants, however, there is no representation for the appellants. Thereafter, on 21.07.2026, the present Appeal was ordered to be posted

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under the caption ‘for dismissal’ on 29.07.2026. Today, viz., 29.07.2026 also, none appeared for the appellants, hence the present Second Appeal is dismissed for non-prosecution. No costs.

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29-07-2026

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

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ssd

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__________ Page2 of 4

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

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SA No. 759 of 2016