Dismissed¶29

Dhanalakshmi v. S.v.Swaminathan(Died)

Madras HC5 Feb 2026SA(MD)/194/2019

Case brief

AI extract

What is this about?

Second appeal S.A(MD)No.194 of 2019 (with C.M.P(MD)No.4049 of 2019), Madurai Bench of Madras High Court, decided 05.02.2026 by K. Murali Shankar J.: dismissed for default for want of appearance/representation of appellant Dhanalakshmi after counsel reported no instructions; underlying suit O.S.No.90 of 2010 (District Munsif Court, Theni, decree dated 30.08.2011) as confirmed by A.S.No.38 of 2011 (Subordinate Court, Theni, judgment and decree dated 08.11.2017); filed under Order 41-A r/w 100 CPC; no issues framed, no cases cited, no costs, connected miscellaneous petition closed.

What did the court decide?

As there was no representation for the appellant even on 05.02.2026 despite prior opportunities, the Second Appeal is dismissed for default; consequently the connected Miscellaneous Petition is closed and no costs are awarded. ¶29

Dhanalakshmi Vs S.v.Swaminathan(Died) — Madras HC (2026) — LawSathi Research

¶1

S.A(MD)No.194 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATE : 05.02.2026

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

¶6

S.A(MD)No.194 of 2019 and C.M.P(MD)No.4049 of 2019

¶7

Dhanalakshmi : Appellant

¶8

Vs.

¶9

S.V.Swaminathan (died)

1.R.Selvi

2.M.Rohini

Meena (died)

3.Pushpam

4.Rathinam Ammal

5.S.Sandeep

6.S.Saveetha : Respondents

¶17

Prayer : Second Appeal filed under Section Order 41 -A r/w 100 of C.P.C., to set aside the judgment and decree, dated 08.11.2017 made in A.S.No.38 of 2011 on the file of the Subordinate Court, Theni, confirming the judgment

¶18

1/4

¶19

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

¶20

S.A(MD)No.194 of 2019

¶21

and decree, dated 30.08.2011 made in O.S.No.90 of 2010 on the file of the District Munsif Court, Theni.

¶22

For Appellant : No Appearance For Respondents : Mr.P.Thiagarajan, for R4 and R5. : R1 to R3 given up. : No Appearance, for R6.

¶23

JUDGMENT

¶24

The second appeal is directed against the judgment and decree made in A.S.No.38 of 2011, dated 08.11.2017 on the file of the Subordinate Court, Theni, confirming the judgment and decree, dated 30.08.2011 made in O.S.No.90 of 2010 on the file of the District Munsif Court, Theni.

¶25

When the matter was taken up for hearing on 05.01.2026, the learned counsel appearing for the appellant reported no instructions, hence the Registry was directed to print the name of the appellant. Despite printing the name of the appellant, the appellant has not turned up on 21.01.2026, and the matter was adjourned to 05.02.2026.

¶26

2/4

¶27

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

¶28

S.A(MD)No.194 of 2019

¶29

Even today (i.e.,05.02.2026) there is no representation for the appellant. Hence, the Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs.

¶30

05.02.2026

¶31

NCC : Yes/No Index : Yes/No Internet : Yes/No das

¶32

¶33