This appeal, filed under Section 100 CPC against a judgment in A.S. No. 59 of 2003, was dismissed for default due to unclaimed notices sent to the appellants. A subsequent order directed registry corrections to appeal memorandum names.
The second appeal was dismissed for default. Registry directed to correct respondent names and clerical errors.
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.1079 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2023
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
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... Respondents
Prayer: This Second Appeal is filed under Section 100 of C.P.C against the
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Judgment and preliminary decree in A.S.No. 59 of 2003 dated 31.01.2005, on the file of the First Additional District Judge, reversing the Judgment and decree in O.S.No.402 of 1993, on the file of he Principal Subordinate Judge, Salem dated 27.03.2003.
For Appellants 1 to 5 :Mr. P. J. Rishikesh For Appellants 6 to 8 : Unclaimed
For Respondents 1 to 5 : Mr.T.P. Manoharam For Respondents 9,10, 12,34,51 and 52 : Mr. Kaithamalaikumaran
For Respondents 17,18 and 24 : Mr.J. Ramakrishnan
For Respondent 32 and33 : Mr. K. Selvaraj For Respondent 36 : Mr.N. Sivakumar
For Respondent 7,8 and 25 : Died For Respondents 26- 31, 35, 37 to 50, 53 to 57 : No appearance
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JUDGMENT
The learned counsel appearing for the appellants 1 to 5 submits that they have already reported no instructions. On a perusal of records it is seen that notice sent to Appellants 1 to 8 was returned as unclaimed. Hence, there is no purpose in keeping this appeal pending.
15.12.2023 1/2 smn Index : Yes/No Speaking order/non-speaking order To: 1. The First Additional District Judge 2. The Principal Subordinate Judge, Salemde
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C.KUMARAPPAN, J.,
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C.KUMARAPPAN,J.
At the instance of the learned counsel appearing for the respondent, this case is posted today under the caption 'For Being Mentioned'.
'S.Vijayakumar' instead of 'S.Jayaprakash';
'Minor T.Vivekanandan' instead of 'Minor T.Vivekananda'.
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amendment as mentioned herein below:
Therefore, the Registry is directed to carry out necessary corrections in the order and issue fresh order copy.
24.04.2024
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K.N.P.Ravindran
R. Vasuki
S. Subramani
Premalatha
P. Sundaram Chettiar
Vijayalakshmi
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
