The Madras High Court dismissed a second appeal under Section 100 of the Civil Procedure Code for default as the appellant had no instructions and failed to respond despite communication.
Dismissal of second appeal for default with no costs.
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S.A.(MD) No.734 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2022
CORAM : JUSTICE N.SESHASAYEE
S.A.(MD) No.734 of 2010
and M.P.(MD) No.1 of 2010
| S.Ramasamy Reddiar | ... -vs- |
Appellant/Appellant/ 3rdDefendant |
|---|---|---|
| 1.M.Krishnasamy | ||
| 2.M.Sekar | ... |
Respondents 1 & 2/ Respondents 1 & 2/ Plaintiffs |
| K.Ramasamy (Died) 3.Azhagar Thevar 4.M.Vivekanandan |
... | Nil/3rdRespondent/1stDefendant |
| 5.M.Seenivasan | ... |
Respondents 3 to 5/ Respondents 4 to 6/ Defendants 2, 4 & 5 |
| 6.Rajammal 7.R.Pandian |
||
| 8.R.Pandi | ... |
Respondents 6 to 8/ Respondents 7 to 9/ LRs of deceased 1stDefendant |
Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 21.06.2010 passed by the Additional Sub Court, Dindigul in A.S.No.602 of 2004 confirming the judgment and decree
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S.A.(MD) No.734 of 2010
dated 25.07.2003 passed by the II-Additional District Munsif Court, Dindigul in O.S.No.343 of 2002.
| For Appellant | : | Mr.T.Antony Arul Raj |
|---|---|---|
| For R1 & R2 | : | Mr.K.Govindarajan |
| For R6 to R8 | : | Mr.S.Srinivasa Raghavan |
| For R3 to R5 | : | No appearance |
| ****** |
J U D G M E N T
Learned counsel for the appellant submitted that despite communication to the appellant by registered e-mail as well as by speed post, he has not responded and the learned counsel reports that he has no instruction in the
matter. A memo to that effect filed by him is recorded. Hence, the second appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is dismissed.
07.07.2022
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S.A.(MD) No.734 of 2010
To
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S.A.(MD) No.734 of 2010
N.SESHASAYEE, J.
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S.A.(MD) No.734 of 2010
07.07.2022
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S.Ramasamy Reddiar
M.Krishnasamy
M.Sekar
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
