Second Appeal dismissed for default by the High Court, Madras, in the absence of the appellants who appeared in person after a remand from the Listing Officer, as they did not prosecute the matter despite adjournments.
Second Appeal dismissed for default and connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2020
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.1287 of 2009 and M.P.No.1 of 2009 (Heard through video conferencing)
1.K.Ranganathan S/o Karia Achari, No.70, Kosamedu Street, Thiruvannamalai – 606 601.
2.Lalitha W/o Late. Venkatachalam.
3.Geetha W/o Sekar D/o Late Venkatachalam, Kanakuppam Village, Alampoonti Post & Via Gingee Taluk, Villupuram District.
4.Prema, D/o Late.Venkatachalam. (minor represented by her next friend/natural guardian Lalitha)
5.Prabhu D/o Late.Venkatachalam/
(2,4 and 5 are residing at Thandarai Village, Thiruvannamalai Taluk, Villupuram District). ... Appellants Vs 1.Poongavanam Ammal, W/o Venkatachala Achari, Andampallam Village & Post, Thandari Via, Thiruvannamalai Taluk & Dist.
2.Anbazhagan, S/o Singara Achari, Thandari Via & Post, Thiruvannamalai Taluk & Dist. ... Respondents
Prayer:- This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11.09.2006 made in A.S.No.85 of 2003 passed by the District Court, Thiruvannamalai in confirming the judgment and decree dated 17.09.2003 made in O.S.No.174 of 2000 passed by the Additional District Munsif Court, Tiruvannamalai.
For Appellants :No Appearance For Respondents :Mr.R.Rajarajan
JUDGMENT
The plaintiffs are the appellants herein. This Second Appeal is filed aggrieved by the concurrent finding of the Courts below. The suit is filed for declaration and injunction against the co-owners.
2.Though the matter was listed for final hearing on 27.07.2020 there was no representation on behalf of the appellants. Hence, to afford one more opportunity to the appellants, the matter was adjourned to 12.08.2020. Today also there is no representation for the appellants. It appears that the appellants are not interested in prosecuting the matter further. Hence, the Second Appeal is dismissed for default. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-VI)
//True copy//
Sub Assistant Registrar
jbm
To
1.The District Court, Thiruvannamalai.
2.The Additional District Munsif Court, Thiruvannamalai.
+1cc to Mr.R.Rajarajan, Advocate SR.No.26541
S.A.No.1287 of 2009
AJS(CO) GMY(28/08/2020)
1.K.Ranganathan
2.Lalitha
3.Geetha
4.Prema
5.Prabhu
1.Poongavanam Ammal
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
