S.A.NO.1898 OF 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26/03/2026 CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL S.A.NO.1898 OF 2003 Arumugham (Died) S/o.Rajamanicka Mudaliar, Kamatchi Illam, Zameendhar Garden, Pondicherry. ...Appellant/ 1st Respondent/ Plaintiff 2.Sarasvathy W/o.Late Arumugam 3.Dhanam D/o.Late Arumugam 4.Anita D/o.Late Arumugam 5.Ally D/o.Late Arumugam 6.Vaithiyanathan S/o.Late Arumugam A1 Died, A2 to A6 are brought on record as LRs of the deceased 1st Appellant vide Court Order dated February 26, 2024 made in C.M.P.Nos.3483, 3477 & 3481 of 2024 in S.A.No.1898 of 2003 ... Appellants 2 to 6/Legal Representatives of the deceased 1st Appellant- Arumugham Page No.1 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1898 OF 2003 Vs. 1.Nithyanandam S/o.Ramadoss 2.Vijayanandam S/o.Ramadoss 3.Premanandhan S/o.Ramadoss 4.Kaliammal W/o.Arjunan ...Respondents/Appellants/ Defendants 7 to 9 & 11 All are residing at Marakkanam Village, Tindivanam Taluk, Villupuram District. 5.Chandiran, S/o.Arjunan, 50, Sankaradass Street, Pondicherry. 6.Rajeswari, W/o.Kanthaswamy, 2, Sundara Vinayakar Koil Street, Gingee, Villupuram District. ... Respondents/Respondents 2 to 3/ Legal Representative of 10th & 6th Defendant PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated June 24, 2023 made in A.S.No.28 of 2003 on the file of the Fast Track Court-II Page No.2 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1898 OF 2003 Tindivanam, reversing the Judgment and Decree dated March 30, 2001 in O.S.No.629 of 1993 on the file of the Principal District Munsif, Tindivanam. For Appellant : Ms.V.Srimathi For Respondents-2 to 4 & 6 : Mr.J.Prithvi for Mr.Kaithamalai Kumaran JUDGM ENT Daily Order dated March 12, 2026 reads thus: “Ms.Anvitha.R, representing Mrs.V.Srimathi, Counsel on record for the Appellant and Mr.I.Pragadeesh, representing Mr.S.Kaithamalai Kumaran, Counsel on record for Respondent Nos. 2 to 4 and 6, are before this Court. 2. Representing Counsel for the Appellant submits that the Counsel on record has handed over the case file to the Appellant. He seeks a week’s time to file necessary memo in this regard. 3. In view of the above submissions, Registry is directed to print the name of the Appellant in the cause list in the next hearing day. 4. List the matter on 26.03.2026.” Page No.3 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1898 OF 2003 2.Ms.V.Srimathi, learned Counsel appearing for the Appellant reports “no instructions” and also filed a memo to that effect. 3.Pursuant to the Order dated March 12, 2026, the names of the Appellants 2 to 6 have been shown in the cause list. Despite names printed, the Appellants 2 to 6 did not choose to appear and argue the Second Appeal. Under such circumstances, this Court has no other option except to dismiss the Second Appeal for non-prosecution. Accordingly, the Second Appeal is dismissed for non-prosecution. Considering the facts and circumstances of the case, there shall be no order as to costs. 26/03/2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No pam Page No.4 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1898 OF 2003 To 1.The Fast Track Court-II Tindivanam. 2.The Principal District Munsif, Tindivanam. Page No.5 of 6 https://www.mhc.tn.gov.in/judis S.A.NO.1898 OF 2003 R. SAKTHIVEL, J. pam S.A.NO.1898 OF 2003 26/03/2026 Page No.6 of 6 https://www.mhc.tn.gov.in/judis