SA No. 441 of 2004 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL S.A. No. 441 of 2004 Amirtham Ammal, W/o.Subramania Gounder, Kodima Village, Tindivanam Taluk. ..Appellant/ Appellant/Plaintiff Vs 1..Rama Gounder, S/o.Perumal Gounder Ammaiyappa Gounder (died) S/o.Perumal Gounder 2.Loganayaki, W/o.Ammaiyappan 3.Shanmugham, S/o.Ammaiyappan all are residing at Kodima Village, Tindivanam Taluk. ..Respondents/ Respondent Nos.1, 3 and 4/Defendants 1, 3 and 4 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. https://www.mhc.tn.gov.in/judis SA No. 441 of 2004 __________ Page2 of 4 For Appellant(s): Mr. Sathishkumar, for M/s.Sarvabhauman Associates For Respondent(s): R1 to R3 - died Dismissed - Vide Court Order dated 27/03/2026 ORDER Daily Order dated March 7, 2026 reads thus: “Daily Order dated March 26, 2026 reads thus: 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. 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. 3.Registry is directed to print the Appellant’s name in the cause list in the next listing date. 4.With a view to give one more opportunity to the Appellant, this Court adjourns the matter on 27.03.2026. 5.List the matter on March 27, 2026 under the cause list caption “For Dismissal”. 2.Mr.Sathishkumar representing M/s.Sarvabhauman Associates, Counsel on record for the Appellant is before this Court. https://www.mhc.tn.gov.in/judis SA No. 441 of 2004 __________ Page3 of 4 3.Registry failed to print the name of the Appellant in the cause list. 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.” 2.Mr.Sathishkumar, representing M/s.Sarvabhauman Associates, learned Counsel on record for the Appellant submits that he has already reported “no instructions” vide a Memo dated March 26, 2026. The submission is recorded. 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. 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MPS To 1.The Additional District and Sessions Judge, FTC-II, Tindivanam. 2.The Additional District Munsif, Tindivanam. 3.The Section Officer, V.R. Section, Madras High Court. https://www.mhc.tn.gov.in/judis SA No. 441 of 2004 __________ Page4 of 4 R.SAKTHIVEL J. MPS S.A. No. 441 of 2004 06-04-2026 https://www.mhc.tn.gov.in/judis