This was a second appeal filed for default. The appellants had filed a memo reporting no instructions and no appearance was made by them on the date of hearing. Consequently, the High Court dismissed the appeal for default without merits.
The second appeal was dismissed for default. No costs were awarded.
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 : 27.10.2021
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No.965 of 2000
2 to 5 due to the deceased of Sole appellant Viz., Valliammal vide order of Court dated 01.08.2019 made in C.M.P.NO.1778 of 2010 in
S.A.No.965 of 2000 (TKRJ))
... Appellants/LR's of the 1st Defendant
Vs.
9.Pappathi ... R9 Transpose as Appellants (Respondents 5 to 8 , legal heirs of the
deceased first respondent as per memo dated 23.7.2021 (SR 20309) vide Court order dated 07.9.2021
made in S.A.No.965 of 2000 (RHJ))
... Respondents/LR's of the Plaintiff
Prayer : Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 06.01.2000 in A.S. No.213 of 1998, on the file of the I Additional District Court and Chief Judicial Magistrate Court, Erode, reversing the decree and judgment dated 23.09.1998 in O.S. No.45 of 1989, on the file of the Subordinate Court, Gobichettipalayam.
For Appellants : No appearance
For Respondents : No appearance
JUDGMENT
The learned counsel for the appellants reported no instructions for the appellants on 07.10.2021 and also filed a memo dated 04.10.2021 to that effect. Hence, the Registry was directed to issue notice to the appellants and print their names in the cause list. Though the notices are served on the appellants and the names of the appellants are also printed in the cause list today, there is no representation on behalf of the appellants.
2. In view of the same, this Second Appeal is dismissed for default. No costs.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
ham/bga
To
3. The Section Officer,
VR Section, High Court, Madras
+1CC to Mr.R.T.Doraisamy, Advocate, Sr.No.55241
S.A.No.965 of 2000
PA (CO) K.RK. (12.11.2021)
1 issue framed by the court
Whether the second appeal filed by the appellants should be allowed or dismissed in their absence.
1 provisions across 1 enactments
Pappathi @ Sarojini
M.Kumar
Pappathi
Subramanian
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
