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Sellammal Vs Murugaiyan(Died) — Madras HC (2026) — LawSathi Research

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Madras HC
2026
Sellammal Vs Murugaiyan(Died)Sellammal v. Murugaiyan(Died)

Dismissed¶42

Sellammal v. Murugaiyan(Died)

Madras HC3 Feb 2026SA(MD)/127/2014

Case brief

AI extract

What is this about?

S.A.(MD)No.127 of 2014 and M.P.(MD)No.2 of 2014; Madurai Bench of Madras High Court; K. Murali Shankar, J.; decided 03.02.2026. Second appeal (Section 100, Civil Procedure Code) against A.S.No.59 of 2007, District Court Karur (decree dated 19.10.2009), confirming O.S.No.6 of 1996, Subordinate Judge Karur (decree dated 24.08.2007). Dismissed for default: appellants' counsel (Mr.S.Yasar Arafath) had no instructions and was not ready to argue; no appearance for respondents. Appellants: Sellammal (plaintiff) and others including Nallammal, Balammal, Ramayee, Chinnappan, Kaliyappan, Ammaiyakkal, Ponnammal (died), S.Selvi, K.Kowsalya, S.Palanisamy. Respondents: Murugaiyan (died), V.Suha (President, The Karur Polytechnic College, Amaravathi Educational Trust), Palanichamy, Nallammal, Rajeswari (LRs of deceased R1 brought on record 03.01.2014; R2 substituted 16.12.2025). No substantive legal holding; no case-law treatment; suitable only as authority for dismissal of appeal for default/non-prosecution.

What did the court decide?

The Court declined to adjourn the matter any further: the appeal was pending from 2014, was posted for final arguments, yet the counsel appearing for the appellants submitted they had no instructions and were not ready to proceed, and there was no representation for the respondents. ¶38

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

The Court declined to adjourn the matter any further: the appeal was pending from 2014, was posted for final arguments, yet the counsel appearing for the appellants submitted they had no instructions and were not ready to proceed, and there was no representation for the respondents.

Key takeaways

The Second Appeal was dismissed for default and the connected Miscellaneous Petition (M.P.(MD)No.2 of 2014) was closed, with no costs.ratio¶42

Detailed headnote1 paragraphs

Second Appeal — S.A.(MD)No.127 of 2014 (with connected M.P.(MD)No.2 of 2014), Madurai Bench of Madras High Court, K. Murali Shankar, J., decided 03.02.2026. Second appeal under Section 100 of the Civil Procedure Code against the judgment and decree dated 19.10.2009 in A.S.No.59 of 2007 (District Court, Karur), confirming the judgment and decree dated 24.08.2007 in O.S.No.6 of 1996 (Subordinate Judge, Karur). On the day fixed for final arguments, counsel for the appellants reported having no instructions and did not proceed, and there was no representation for the respondents; the Court, noting the matter was pending from 2014 and had been posted for final hearing, declined further adjournment and dismissed the Second Appeal for default, closing the connected Miscellaneous Petition, with no costs. No substantive issue was adjudicated and no precedent was considered.

A

S.A.(MD)No.127 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.02.2026

CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

S.A.(MD)No.127 of 2014 and M.P.(MD)No.2 of 2014

1.Sellammal ... 1^st Appellant/ Appellant/Plaintiff

2.Nallammal

3.Balammal

4.Sellammal

5.Ramayee

6.Chinnappan

7.Kaliyappan

8.Ammaiyakkal

... Appellants 2 to 8/ Respondents 4, 6 to 8 & 10 to 12/Defendants 4, 6 to 8, 10 to 12

Ponnammal (died)

9.S.Selvi

10.K.Kowsalya

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S.A.(MD)No.127 of 2014

11.S.Palanisamy

... Appellants 9 to 11

(cause title accepted vide order dated 05.03.2012 made in MP(MD)No.1 of 2013 in SA(MD)SR.No. 17127 of 2010)

Vs.

1.Murugaiyan (Died)

2.V.Suha W/o. Vijayakumar President, The Karur Polytechnic College, Amaravathi Educational Trust, No.7-K, Ramakrishnapuram, Karur Taluk, Karur District. (President of the Karur Polytechnic College is substituted vide Coourt order dated 16.12.2025 made in CMP(MD)No.17168 of 2025 in SA(MD) No.127 of 2014)

3.Palanichamy

4.Nallammal 5.Rajeswari (R3 to R5 are brought on record as LRs of deceased R1, vide Court order dated 03.01.2014 made in MP(MD)No.3 of 2013 in SA(MD)SR.No.17127 of 2010) ... Respondents

PRAYER : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.10.2009 in A.S.No.59 of

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S.A.(MD)No.127 of 2014

2007 on the file of the District Judge, Karur confirming the judgment and decree in O.S.No.6 of 1996 dated 24.08.2007 on the file of the Subordinate Judge, Karur.

For Appellants : Mr.S.Yasar Arafath For Respondents : No appearance

JUDGMENT

The Second Appeal is directed against the judgment and decree passed in A.S.No.59 of 2007 dated 19.10.2009 on the file of the District Court, Karur, confirming the judgment and decree passed in O.S.No.6 of 1996 dated 24.08.2007 on the file of the Subordinate Court, Karur.

When the matter was taken up on 21.01.2026, at request of the learned counsel on either side, the matter was adjourned to 03.02.2026 i.e., today for arguments finally. When the matter is taken up today, the learned counsel appearing for the appellants would submit that they are not having instructions. No representation for the respondents. Since the matter is pending from 2014 and despite posted as finally, the learned counsel appearing for the appellants is not ready to proceed with the

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S.A.(MD)No.127 of 2014

arguments, this Court is not inclined to adjourn any further. Accordingly, this Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs.

03.02.2026

NCC :Yes/No Index :Yes/No Internet : Yes/ No csm

To

The District Court, Karur.

The Subordinate Court, Karur.

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S.A.(MD)No.127 of 2014

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S.A.(MD)No.127 of 2014

K.MURALI SHANKAR, J

csm

Judgment made in S.A.(MD)No.127 of 2014 and M.P.(MD)No.2 of 2014

Dated : 03.02.2026

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Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure Code100¶30

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 19.10.2009 in A.S.No.59 of 2007 on the file of the District Court/Judge, Karur, confirming the judgment and decree in O.S.No.6 of 1996 dated 24.08.2007 of the Subordinate Judge, Karur.¶37
District Court, Karur · 19.10.2009
Prior proceeding
Original suit O.S.No.6 of 1996 on the file of the Subordinate Judge, Karur; judgment and decree dated 24.08.2007.¶34
Prior proceeding
First appeal A.S.No.59 of 2007 before the District Court, Karur; judgment and decree dated 19.10.2009 confirming the trial-court decree.¶37
Prior proceeding
Appellants' cause title accepted by order dated 05.03.2012 in MP(MD)No.1 of 2013 in SA(MD)SR.No. 17127 of 2010.¶24
Prior proceeding
Legal representatives of deceased first respondent (Murugaiyan) brought on record as respondents 3 to 5 by Court order dated 03.01.2014 in MP(MD)No.3 of 2013.¶29
Prior proceeding
Second respondent substituted (President of the Karur Polytechnic College) by Court order dated 16.12.2025 in CMP(MD)No.17168 of 2025.¶27
Prior proceeding
On 21.01.2026 the matter was adjourned to 03.02.2026 for final arguments at the request of learned counsel on either side; on resumption, appellants' counsel reported no instructions and there was no representation for respondents.¶38

Parties & counsel

AI extract

appellant
Sellammal (1st Appellant/Appellant/Plaintiff)¶7
Mr.S.Yasar Arafath
appellant
Nallammal¶8
Mr.S.Yasar Arafath
appellant
Balammal¶9
Mr.S.Yasar Arafath
appellant
Sellammal (4th Appellant)¶10
Mr.S.Yasar Arafath
appellant
Ramayee¶11
Mr.S.Yasar Arafath
appellant
Chinnappan¶12
Mr.S.Yasar Arafath
appellant
Kaliyappan¶13
Mr.S.Yasar Arafath
appellant
Ammaiyakkal¶14
Mr.S.Yasar Arafath
appellant
Ponnammal (died)¶16
appellant
S.Selvi¶17
Mr.S.Yasar Arafath
appellant
K.Kowsalya¶18
Mr.S.Yasar Arafath
appellant
S.Palanisamy¶22
Mr.S.Yasar Arafath
respondent
Murugaiyan (Died)¶26
respondent
V.Suha W/o. Vijayakumar, President, The Karur Polytechnic College, Amaravathi Educational Trust, No.7-K, Ramakrishnapuram, Karur Taluk, Karur District¶27
respondent
Palanichamy¶28
respondent
Nallammal (Respondent 4)¶29
respondent
Rajeswari¶29

Coram

AI extract

K. Murali Shankarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 3 Feb 2026 · February
Registered: 31 Jan 2014
Case no.: SA(MD)/127/2014
CNR: HCMD010841562014
Bench: K.murali Shankar
Disposal: DISMISSED FOR DEFAULT
Case type: S.A.(MD)

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Cite this judgement

Sellammal v. Murugaiyan(Died), SA(MD)/127/2014 (MAD), decided on 3 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure Code100

View all statutes

Procedural history7

Judgment and decree dated 19.10.2009 in A.S.No.59 of 2007 on the file of the District Court/Judge, Karur, confirming the judgment and decree in O.S.No.6 of 1996 dated 24.08.2007 of the Subordinate Judge, Karur.District Court, Karur · 19.10.2009
Original suit O.S.No.6 of 1996 on the file of the Subordinate Judge, Karur; judgment and decree dated 24.08.2007.
First appeal A.S.No.59 of 2007 before the District Court, Karur; judgment and decree dated 19.10.2009 confirming the trial-court decree.

View full history

Bench / Coram

K. Murali Shankar

Parties & counsel