SA No. 1171 of 2013 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE SA No. 1171 of 2013 Dhasarathan S/o Rathina Gounder Bajanai Kovil Street, V Nayambadi Village, Gingee ..Appellant(s) Vs 1. Krishnamoorthi (deceased) . 2. Chinnaraj S/o . Rathina Gounder 3. Rangammal W/o Late Krishnamoorthy 4. Munusamy S/o. Late Krishnamoorthy 5. Perumal S/o. Late Krishnamoorthy 6. Jothi D/o. Late Krishnamoorthy https://www.mhc.tn.gov.in/judis SA No. 1171 of 2013 __________ Page2 of 5 7. Dhanagotti Ammal W/o Pandurangan 8. Ramanujam S/o. Pandurangan 9. Elayaperumal S/o Pandurangan Alll Are Residing At V. Nayambadi Village , Gingee ..Respondent(s) PRAYER: This Second Appeal is filed under Section 100 C.P.C., against the judgment and decree made in A.S.No. 26 of 2005 dated 28.02.2011 on the file of the Subordinate Judge, Gingee, confirming the judgment and decree made in O.S.No.364 of 1996 dated 29.04.2003 on the file of the Additional District Munsif, Gingee. For Appellant(s): No appearance For R6, R8 & R9: For R2 to R5 & R7 Ms.S.T.P.Kuilmozhi No appearance https://www.mhc.tn.gov.in/judis SA No. 1171 of 2013 __________ Page3 of 5 Judgment When the matter was listed for hearing on 09.09.2024 and 19.09.2024, since there was no representation for the appellant, matter was listed under the caption “for dismissal”. On 25.09.2024, at request of the learned counsel for the appellant, the Registry was directed to remove the caption “ for dismissal”. Again, when the matter was called on 04.02.2026, since there was no representation for the appellant, directed the Registry to list the matter today ie., on 10.02.2026, under the caption “ for dismissal”. 2. Today, when the matter is taken up for hearing, there is no representation for the appellant. Though sufficient opportunity was given to the appellant to argue the matter, the appellant is not interested in prosecuting the second appeal. 3. Hence, this second appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition, if any, is closed. 10-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis SA No. 1171 of 2013 __________ Page4 of 5 To 1. Subordinate Judge, Gingee 2. Additional District Munsif, Gingee https://www.mhc.tn.gov.in/judis SA No. 1171 of 2013 __________ Page5 of 5 DR.A.D.MARIA CLETE J MFA SA No. 1171 of 2013 10-02-2026 https://www.mhc.tn.gov.in/judis