Dismissed

A.Chandrasekaran v. v.a.Panneerselvam

Madras HC29 Sept 2021SA/614/2009

Case brief

AI extract

What is this about?

This court dismissed a second appeal under Section 100 of the CPC for default. The appellants were in default due to the death of the first appellant without legal heirs being impleaded, and the absence of appearance or instructions for remaining appellants in a civil suit regarding property/partition.

What did the court decide?

Second Appeal dismissed for default with no costs to the appellants.

A.Chandrasekaran Vs v.a.Panneerselvam — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.09.2021

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CORAM:

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THE HONOURABLE MRS.JUSTICE R.HEMALATHA

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S.A. No.614 of 2009

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A.Chandrasekaran

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Janaki Chandrasekaran

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... Appellants/ Defendants 2 & 3

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..Vs..

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1.V.A.Paneerselvam 2.V.A.Selvaraj 3.Thiripurasundari 4.V.K.Senthilvel 5.R.Jayanthi 6.K.Jayanthi 7.K.Seeranjani 8.K.Suryanarayanan 9.The Commissioner, Corporation of Chennai. ... Respondents/ Plaintiffs 1 to 8

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(Minor Respondents 7 & 8 Rep.by their natural guardian K.Jayanthi)

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PRAYER :

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Second Appeals filed under Section 100 of C.P.C., against the judgment and decree dated 27.01.2009 in A.S.No.682 of 2006 on the file of VI Additional Judge, City Civil Court, Chennai, reversing the judgment and decree in O.S.No.3676 of 1997 dated 26.06.2006 on the file of the VIII Assistant Judge, City Civil Court, Chennai.

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For Appellants : No appearance For R1 to R8 : No appearance For R9 : Dr.S.Suriya, Government Advocate

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https://hcservices.ecourts.gov.in/hcservices/

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JUDGMENT

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It is seen from the records that the first appellant died long back and no steps were taken to implead the legal heirs of the deceased first appellant till date. The learned counsel for the appellants also reported no instructions for the appellants on 16.09.2021. Though the name of the second appellant is printed in the cause list today after issuing notice to the second appellant, there is no representation on behalf of the second appellant.

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In view of the same, this Second Appeal is dismissed for default. No costs.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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bga

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The VI Additional Judge, City Civil Court, Chennai.

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The VIII Assistant Judge, City Civil Court, Chennai.

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The Commissioner, Corporation of Chennai.

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The Section Officer, VR Section, High Court, Madras

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+1cc to the Government Pleader, S.R.No.51053

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S.A. No.614 of 2009

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NMI (CO) CS/13/10/2021

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https://hcservices.ecourts.gov.in/hcservices/

A.Chandrasekaran v. v.a.Panneerselvam

Case brief

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A.Chandrasekaran v. v.a.Panneerselvam

Case brief

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