Madras High Court

AS(MD)/22/2022 of S.IYAPPAN Vs K.LEELAVATHI on 26 October 2026

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AS(MD) No. 22 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26-10-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE

AND

THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL

AS(MD) No. 22 of 2022

CNR:{HCMD010082282022}

and C.M.P.[MD]No.843 of 2022

1. S.Iyappan

S/o.Late.M.Sivasubbu Thevar,Door No.26 And 26a,Mela Street,Chikka Narasaiyan Village,Tirunelveli Junction

2. S.Chandrasekaran

S/o.Late.M.Sivasubbu Thevar,siva Ruthra

Illam,v.K.Road,chikka Narasaiyan

Village,tirunelveli Junction

3. S.Sivaraman

S/o.Late.M.Sivasubbu Thevar, Door No.72,mela Street,chikka Narasaiyan Village,tirunelveli Junction

4. S.Venugopal

S/o.Late.M.Sivasubbu Thevar,door No.73,mela Street,chikka Narasaiyan Village,tirunelveli Junction

5. R.Muthammal

W/o.Late.S.Ramachandran,

Door No.72,mela Street,chikka Narasaiyan Village,tirunelveli Junction

6. R.Sivasubramanian

S/o.Late.S.Ramachandran,

Door No.72,mela Street,chikka Narasaiyan Village,tirunelveli Junction __________

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AS(MD) No. 22 of 2022

7. R.Rajesh

S/o.Late.S.Ramachandran,

Door No.72,mela Street,chikka Narasaiyan Village,tirunelveli Junction

..Appellant(s)

Vs

1. K.Leelavathi

W/o.Kannapiran,D/o.Late.M.Sivasubbu

Thevar,Door No.25,Mela Street,Chikka

Narasaiyan Village,Tirunelveli Junction

2. K.Subbulakshmi

W/o.Karunaliya Pandiyan, ,

D/o.Late.M.Sivasubbu Thevar, Door No.69b, Mela Street, Chikka Narasaiyan Village, Tirunelveli Junction

3. V.Shanthi

W/o.G.Vijayan, D/o.Late.M.Sivasubbu Thevar, Door No.341, Lig Jawahar Nagar, A.B.Road, Devadass, Madiya Pradesh.

4. S.Ugammal

W/o.D.Selvanayagam, D/o.Late.M.Sivasubbu Thevar, Door No.58a, Mela Street, Chikka Narasaiyan Village, Tirunelveli Junction

5. M.Chidhambara Jothi

W/o.E.Mookkandi, D/o.Late.M.Sivasubbu

Thevar, Door No.57, Mela Street, Chikka

Narasaiyan Village, Tirunelveli Junction

6. Shunmuga Jothi

W/o.S.Thiumalaisamy, D/o.Late.M.Sivasubbu Thevar, Door No.5/17, Deepa Shunmuga House, Veriyan Kovil Street, Kadayanallur.

..Defendant(s)

__________

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AS(MD) No. 22 of 2022

PRAYER: To allow this appeal by setting aside the judgment and decree dated 23-10-2021 made in O.S.No.80/2013 on the file of the IV

Additional District Judge, Tirunelveli and thus render justice.

For Appellant(s):

Mr.R.Suriya Narayanan

For Defendant(s):

Mr.M.Senguvijay

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ORDER

(Order of the Court was made by Abdul Quddhose J.) The matter is listed under the caption “for dismissal” today. Learned Counsel for the appellants would submit that he is unable to get instructions from his clients. He would further submit that the appellants are all senior citizens. Even on the last hearing date, ie., on 14.10.2026, there was no representation on the side of the appellants. Even though learned Counsel for the appellants is present today, in view of the submissions made by him before this Court as recorded earlier, it can now be inferred that the appellants are not interested in prosecuting this appeal. The appeal is of the year 2022. In view of the same, the question of granting further adjournment to the appellants to argue the matter does not arise. __________

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AS(MD) No. 22 of 2022

2. Accordingly, this Appeal Suit is dismissed for non-prosecution. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (A.Q.,J.) (R.P.L.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MR __________

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AS(MD) No. 22 of 2022 To

1. K.Leelavathi W/o.Kannapiran,D/o.Late.M.Sivasubbu Thevar,Door No.25,Mela Street,Chikka Narasaiyan Village,Tirunelveli Junction

2. K.Subbulakshmi W/o.Karunaliya Pandiyan, , D/o.Late.M.Sivasubbu Thevar, Door No.69b, Mela Street, Chikka Narasaiyan Village, Tirunelveli Junction

3. V.Shanthi W/o.G.Vijayan, D/o.Late.M.Sivasubbu Thevar, Door No.341, Lig Jawahar Nagar, A.B.Road, Devadass, Madiya Pradesh.

4. S.Ugammal W/o.D.Selvanayagam, D/o.Late.M.Sivasubbu Thevar, Door No.58a, Mela Street, Chikka Narasaiyan Village, Tirunelveli Junction

5. M.Chidhambara Jothi W/o.E.Mookkandi, D/o.Late.M.Sivasubbu Thevar, Door No.57, Mela Street, Chikka Narasaiyan Village, Tirunelveli Junction

6. Shunmuga Jothi W/o.S.Thiumalaisamy, D/o.Late.M.Sivasubbu Thevar, Door No.5/17, Deepa Shunmuga House, Veriyan Kovil Street, Kadayanallur. __________

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AS(MD) No. 22 of 2022 ABDUL QUDDHOSE, J. AND RAJNISH PATHIYIL, J. MR AS(MD) No. 22 of 2022 26-10-2026 __________

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