The Second Appeal was heard on 27.10.2021, but no representation appeared for the appellant. Despite being posted for dismissal later, the appellant failed to appear on 28.10.2021, leading to the dismissal of the appeal for default.
Second Appeal dismissed for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
S.A.NO.1601 OF 2008
AND
M.P.NO.1 OF 2008
1. M.Ramasami Gounder(Died)
2. R.Saraswathy
... Appellant
(The 2nd appellant brought on record as legal
heir of the deceased sole appellant vide order
of Court dated 27.02.2014 made in M.P.No.1/2012
in S.A.No.1601/2008
vs.
1. Manickam 2. Maiyazhagan
3. Murugesan
... Respondents
Prayer : Second Appeal filed under Section 100 of the Civil
Procedure against the decree and judgment dated 25.07.2008
passed in A.S. No.47 of 2007 on the file of the Principal Sub
Court, Erode, reversing the decree and judgment dated
05.01.2007, in O.S. No.6 of 2001, on the file of the 1st
Additional District Munsif Court, Erode.
For Appellant: No appearance
For Respondents: No appearance
JUDGMENT
When the second appeal came up for hearing on 27.10.2021,
there was no representation for the appellant and hence was
directed to be posted under the caption 'for dismissal' on
28.10.2021. Even today, i.e., 28.10.2021, there is no
representation for the appellant.
2. In view of the same, this Second Appeal is dismissed
for default. No costs. Consequently, the connected miscellaneous
petition is closed.
Sd/-
Assistant Registrar(CS-III)
// True Copy //
Sub Assistant Registrar
mtl/ham
To
1. The Principle Sub Court, Erode.
2. The 1st Additional District Munsif Court, Erode.
3. The Section Officer, VR Section,
High Court, Madras.
S.A.No.1601 of 2008
and M.P.No.1 of 2008
RSV(CO)
RLP(12/11/2021)
M. Ramasami Gounder (Died)
R. Saraswathy
Manickam
Maiyazhagan
Murugesan
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court