S.A(MD).No.17 of 2004 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM THE HON'BLE MS.JUSTICE R.POORNIMA SA(MD)No.17 of 2004 and CMP No.1447 of 2004 1.Chellan (Died) : 1st Appellant/1st Appellant/ Respondent/48th Defendant 2.C.Rajaleela 3.C.Binisha 4.C.Vino : Appellants 2 to 4 (Appellants 2 to 4 are brought on record as legal heirs of the deceased sole appellant, vide court order, dated 09/01/2018 made in CMP(MD)Nos.1415 and 1416 of 2017) Vs. 1.Ramayyan : 1st Respondent/R1/2nd Plaintiff 2.Gnanamani : 2nd Respondent/R2/6th Defendant 3.Appavu : 3rd Respondent/R4/8th Defendant 4.Chellamma : 4th Respondent/R5/9th Defendant 5.Jebamony : 5th Respondent/R7/13th Defendant 6.Jagathamma : 6th Respondent/R9/15th Defendant 7.Rosammal : 7th Respondent/R10/16th Defendant 8.Sigamony : 8th Respondent/R11/17th Defendant 9.Joseph : 9th Respondent/R12/18th Defendant 10.Thangamony :10th Respondent/R13/19th Defendant 11.Chellappan :11th Respondent/R14/20th Defendant 12.Rajayyan :12th Respondent/R15/21th Defendant 13.Thangappan :13th Respondent/R16/22nd Defendant 14.Kotchumani : 14th Respondent/R18/24th Defendant 1/6 https://www.mhc.tn.gov.in/judis S.A(MD).No.17 of 2004 15.Muthayyan :15th Respondent/R19/25th Defendant 16.Ramaswamy : 16th Respondent/R21/27th Defendant 17.Dasan : 17th Respondent/R22/28th Defendant 18.Muthayyan : 18th Respondent/R24/30th Defendant 19.Muthayyan : 19th Respondent/R25/31st Defendant 20.Ramayyan : 20th Respondent/R27/33rd Defendant 21.Chinna Pillai : 21st Respondent/R28/34th Defendant 22.Palayyan : 22nd Respondent/R29/35th Defendant 23.Dasayyan : 23rd Respondent/R30/36th Defendant 24.Chellappan : 24th Respondent/R31/37th Defendant 25.Nesayyan : 25th Respondent/R32/38th Defendant 26.Manian : 26th Respondent/R33/39th Defendant 27.Selvamony : 27th Respondent/R34/40th Defendant 28.Rajamony : 28th Respondent/R35/41th Defendant 29.Chinna Pillai : 29th Respondent/R37/43th Defendant 30.Barani : 30th Respondent/R38/44th Defendant 31.Selvam : 31st Respondent/R39/45th Defendant 32.Chellayyan : 32nd Respondent/R40/46th Defendant 33.Ponnayyan Nadar : 33rd Respondent/R41/47th Defendant 34.Varuvel (Died) : 34th Respondent/R42/49th Defendant 35.Nesamony : 35th Respondent/R43/50th Defendant 36.Thangappan : 36th Respondent/R44/51st Defendant 37.Thangarajan : 37th Respondent/R45/52nd Defendant 38.Ammalu : 38th Respondent/R46/53rd Defendant 39.Anbayyan : 39th Respondent/R47/54th Defendant 40.Jebamani : 40th Respondent/R48/55th Defendant 41.Jeyal : 41st Respondent/R49/56th Defendant 42.Dasammal : 42nd Respondent/R50/Nil 43.Vasantha : 43rd Respondent/R51/Nil 44.Mani : 44th Respondent/R52/Nil 45.Chandran (Died) 46.Stephen (R45 and R46 are brought on record as the L.Rs of the deceased 34th respondent, vide Court order, dated 01/01/2018 made in MP(MD)No.1 of 2012 in SA(MD)No.17 of 2004) 2/6 https://www.mhc.tn.gov.in/judis S.A(MD).No.17 of 2004 47.Suganthi 48.Jerome 49.Jacquilin : Respondents 45 to 49 (R47 to $9 are brought on record as LR.s of the deceased 45th Respondent, vide Court order, dated 09/01/2018 made in MP(MD)Nos.1 to 3 of 2015 in SA(MD)No.17 of 2004) PRAYER: Second Appeal filed under Section 100 C.P.C., against the judgment and decree, dated 12/01/2004 passed in Cross appeal in AS No.164 of 1996 on the file of the Sub Court, Kuzhithurai, preferred by the 49th defendant in the suit, modifying the judgment and decree, dated 04/09/1996 passed in OS No.158 of 1969 on the file of the Additional District Munsif, Kuzhithurai. For Appellants : No appearance For R1 to R33, R35 to R44 : Given up For R46 to R49 : No appearance R34 and R45 : Died JUDGMENT On 17/07/2026, when the matter was taken up for hearing, the learned counsel appearing for the appellants submitted that she had no instructions from the appellants. She also produced the returned cover addressed to the appellants. Therefore, this Court directed the Registry to print the names of the appellants in the cause list. 3/6 https://www.mhc.tn.gov.in/judis S.A(MD).No.17 of 2004 2.Today, when the matter is taken up for hearing, there is no representation for the appellants. Hence, this Second Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed. 07.08.2026 Index : Yes / No Internet : Yes / No er 4/6 https://www.mhc.tn.gov.in/judis S.A(MD).No.17 of 2004 R.POORNIMA, J. er To 1.The Sub Judge, Kuzhithurai, Kanyakumari District. 2.The Additional District Munsif, Kuzhithurai, Kanyakumari District. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. S.A(MD)No.17 of 2004 07/08/2026 5/6 https://www.mhc.tn.gov.in/judis S.A(MD).No.17 of 2004 6/6 https://www.mhc.tn.gov.in/judis