SA/2037/2000 of Vs THIRU.KALIYAPPAN
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
__________
Page1 of 7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
S.A.Nos. 2037 of 20 00, 427 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
S.A.No.2037 of 20 00:
1.Arokiamariyammal,
W/o.Late Bastin,
Door No. 4/10/17, Baggiathammal Lane,
Mettakarai Veethi,
Mettupalayam Town,
Mettupalayam Taluk.
2.Ariyabava,
S/o.Thiru.Gani,
Mariamman Kovil Veethi,
Salem Town.
...Appellants/Appellants/Plaintiffs
in all appeals
Vs
Kaliyappan,
4/10/25, Baggiathammal Lane,
Mettupalayam Town,
Mettupalayam Taluk.
...Respondent/Respondent/Defendant
in S.A.No.2037 of 2000
1.Santhi,
D/o.Thiru Gopal Nair
2.Suseela,
D/o.Thiru Gopal Nair
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
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Page2 of 7
3.Thiru.Kannan @ Rajendran,
S/o.Gopal Nair,
All are residing at 4/10/22, Baggiathammal Lane,
Mettupalayam Town,
Mettupalayam Taluk.
...Respondents/Respondents/Defendants
in S.A.No.427 of 2001
1.Tmt.Kulhanthaiammal,
W/o.Thiru. Subramaniam
2.Thiru. Subramanian
S/o.Thiru.Palaniappan
both are residing at Door No.4/10/28,Baggiathammal Lane,
Mettupalayam Town,
Mettupalayam Taluk.
...Respondents/Respondents/Defendants
in S.A.No.812 of 2003
Thiru Ibrahim,
4/10/14, Baggiathammal Lane,
Mettupalayam Town,
Mettupalayam Taluk.
...Respondents/Respondents/Defendants
in S.A.No.8 of 2003
Thiru Ramakrishnan,
S/o.Kandasamy,
4/10/21, Baggiathammal Lane,
Mettupalayam Town,
Mettupalayam Taluk.
...Respondent/Respondent/Defendant
in S.A.No.93 of 2003
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
__________
Page3 of 7
Prayer in S.A.No.2037 of 20 00 : 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.79 of 1999 dated August 18, 1999 on the file of Principal
District Court, Coimbatore District, confirming the Judgment and Decree
passed in O.S.No.480 of 1995 dated October 30, 1998 on the file of District
Munsif, Mettupalayam District.
Prayer in S.A.No.427 of 20 01 : 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.47 of 1999 dated August 18, 1999 on the file of Principal
District Court, Coimbatore District, confirming the Judgment and Decree
passed in O.S.No.475 of 1995 dated October 30, 1998 on the file of District
Munsif, Mettupalayam District.
Prayer in S.A.No.812 of 20 03 : 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.48 of 1999 dated August 18, 1999 on the file of Principal
District Court, Coimbatore District, confirming the Judgment and Decree
passed in O.S.No.477 of 1995 dated October 30, 1998 on the file of District
Munsif, Mettupalayam District.
Prayer in S.A.No.8 of 20 03 : 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.77 of 1999 dated August 18, 1999 on the file of Principal
District Court, Coimbatore District, confirming the Judgment and Decree
passed in O.S.No.476 of 1995 dated October 30, 1998 on the file of District
Munsif, Mettupalayam District.
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
__________
Page4 of 7
Prayer in S.A.No.93 of 20 03 : 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.67 of 1999 dated August 18, 1999 on the file of Principal
District Court, Coimbatore District, confirming the Judgment and Decree
passed in O.S.No.478 of 1995 dated October 30, 1998 on the file of District
Munsif, Mettupalayam District.
For Appellant(s) : No appearance
in all appeals
For Respondent(s): Sole Respondent – died
Dismissed vide Court order dated 16.02.2024
in S.A.No.2037 of 2000
R2 – Served – No appearance
R1 and R3 – Dismissed vide Court order dated
16.02.2024 in S.A.No.427 of 2001
R1 and R2 – Served – No appearance
in S.A.No.812 of 2003
Served – No appearance
in S.A.No.8 of 2003
Sole Respondent – died
Dismissed vide Court order dated 16.02.2024
in S.A.No.93 of 2000
COMMON JUDGMENT
Daily Order dated February 16, 2024 reads thus:
“The case is posted under the caption “default cases” for
not complying with the defects.
2.In the interest of justice three weeks time is granted to the
appellant(s) to rectify the defects.
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
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Page5 of 7
3.The learned counsel for the appellant(s) is directed to
rectify the defects within the time stipulated above, failing which,
this Second Appeal will automatically stand cancelled.”
2.Registry’s note dated May 13, 2025 reads thus:
“Steps not taken till 15.03.2024 regarding sole respondent in
S.A.No.93 of 2003.
S.S. Petition and Affidavit not filed till 15.03.2024 regarding
R1 and R3 in S.A.No.427 of 2001.
Steps not taken till 15.03.2024 regarding sole respondent in
S.A.No.2037 of 2000.”
3.Daily Order dated March 4, 2026 reads thus:
“Mr.P.Sathish, representing Mr.B.Harikrishnan, Counsel on
record for the Appellant in all the appeal suits is before this Court.
2.No representation for the respondents.
3.With a view to adhere the principles of natural justice fully
and in the interest of justice, this Second Appeal is adjourned to
25.03.2026. It is made clear that no further adjournment will be
granted on that day.”
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
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Page6 of 7
4.Daily Order dated March 25, 2026 reads thus:
“No representation on either side.
2.List these cases on 06.04.2026 under the cause list caption
“for dismissal”.
5.Despite sufficient opportunities have been given, the Appellants have
chosen not to proceed with the Appeals. Today also, no representation for the
Appellants. Hence, there is no other option, except to dismiss these Se cond
Appeals. Accordingly, these Second Appeals are 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 Principal District Court,
Coimbatore District,
2.The District Munsif,
Mettupalayam District.
3.The Section Officer,
V.R. Section,
Madras High Court.
https://www.mhc.tn.gov.in/judis
S.A.Nos. 2037 of 2000, 27 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
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Page7 of 7
R.SAKTHIVEL J.
MPS
S.A.Nos. 2037 of 20 00, 427 of 2001,
812 of 2003, 8 of 2003 and 93 of 2003
06-04-2026
https://www.mhc.tn.gov.in/judis