The High Court of Madras dismissed the second appeal on the merits for default as the appellant failed to appear after being summoned, noting the premises had been demolished.
Second Appeal dismissed for default. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No.521 of 2009
K.N.Thirunavukkarasu ... Appellant/Appellant/Plaintiff
Vs.
Narayanasamy Naidu ... Respondent/Respondent/Defendant
Prayer : Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 02.06.2008 in A.S. No.64 of 2007, on the file of the Subordinate Court, Tiruvallur, confirming the decree and judgment dated 08.02.2006 in O.S. No.438 of 2004, on the file of the District Munsif Court, Tiruvallur.
For Appellant : Ms.Abirami for Mr.J.Ramakrishnan
For Respondents : No appearance
JUDGMENT
When the second appeal came up for hearing on 06.09.2021, the learned counsel for the appellant reports no instructions for the appellant and hence the Registry was directed to send a notice to the appellant and list the matter by printing the name of the appellant in the cause list.
2.It is seen from the records that the notice sent to the appellant returned with an endorsement that the premises in which the appellant was residing was demolished and new construction is under progress. No representation on behalf of the appellant.
3. In view of the above, this Second Appeal is dismissed for default. No costs.
Sd/Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
mtl To
Copy to
The Section Officer, VR Section, High Court, Madras.
S.A.No.521 of 2009
smi[co] srg 27/10/2021
K.N.Thirunavukkarasu
Narayanasamy Naidu
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
