The Madurai Bench of the Madras High Court dismissed a second appeal filed under S.100 CPC for default, as the appellants failed to appear despite the matter being taken up for hearing.
Second Appeal dismissed for default. No costs.
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.
S.A.No.1344 of 1999
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.No.1344 of 1999
1.C.Perumal (died)
2.C.Adhimoolam for self and Angadimangalam Arulmighu Sidhi Vinayagar Koil. Rep by its Trustees
3.Uma Parameswari
4.Prema
5.Ganesan
6.Pushpa
...Appellants
(Appellants 3 to 6 are brought on record as Lrs of the deceased first appellant per order dated 05.10.2018 in C.M.P(MD) No.6181 to 6183 of 2018 in S.A.No.1344 of 1999)
-Vs-
1.Muthurulandi Pillai
2.K.Sickandar Batsha ... Respondents
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PRAYER
S.A.No.1344 of 1999
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree dated 25.02.1994 made in A.S.No. 17 of 1993 on the file of the Principal Subordinate Court, Madurai, reversing the judgment and decree dated 18.12.1992 made in O.S.No.441 of 1991 on the file of the District Munsif Court, Melur.
For Appellants : No appearance
For R2 : Mr.P.T.S.Narendra Vasan
JUDGMENT
When the second appeal was taken up on 13.12.2022, there was no representation for the appellants. In order to give an opportunity to the appellants, the matter was adjourned to 14.12.2022 under the caption 'for dismissal'.
2.Today, also there is no representation for the appellants. Hence, this Second Appeal is dismissed for default. No costs.
14.12.2022
Index : Yes / No Internet : Yes / No cp 2/4
S.A.No.1344 of 1999
To
V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A.No.1344 of 1999
S.SOUNTHAR, J.
CP
S.A.No.1344 of 1999
14.12.2022
4/4
C.Perumal (died) and others
Muthurulandi Pillai
K.Sickandar Batsha
S.Sonthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
