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Ayee Gounder, Vs Marappa Gounder(Died) — Civil Procedure and Limitation | Madras HC (2023)

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Ayee Gounder, Vs Marappa Gounder(Died)Ayee Gounder, v. Marappa Gounder(Died)

Dismissed

Ayee Gounder, v. Marappa Gounder(Died)

Madras HC4 Jan 2023SA/1495/2003

Case brief

AI extract

What is this about?

Second Appeal dismissed as default due to appellants' non-cooperation and absence of representation.

What did the court decide?

Appeal dismissed as default. No costs.

What the court decided

AI extract

A

S.A.No.1495 of 2003

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023

C O R A M

THE HONOURABLE Ms.JUSTICE P.T.ASHA.J

S.A.No.1495 of 2003

Ayee Gounder (Died)

Nallammal

Bavayi 4. Kamalam 5. Dinesh [Appellants 4 and 5 brought on record as LRs of the deceased 1^st appellant, Viz., Ayee Gounder, vide order of Court dated 04.12.2019 made in C.M.P.No.14150, 14153 and 14156 of 2019 in S.A.No.1495 of 2003] .. Appellants

-Vs.-

Marappa Gounder (Died) 2. Perumaye 3. R.Pavayee 4. Thangamani

Karthi

Parties & counsel

AI extract

appellant
Nallammal and Others
respondent
Karthi and Others

Coram

AI extract

P.T.Asha.J

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Jan 2023 · January
Registered: 29 Aug 2003
Case no.: SA/1495/2003

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Cite this judgement

Ayee Gounder, v. Marappa Gounder(Died), SA/1495/2003 (MAD), decided on 4 January 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.T.Asha.J

Parties & counsel

Outcome

Appeal dismissed as default. No costs.

Detailed headnote1 paragraphs

Second Appeal dismissed as default because appellants failed to appear personally or through counsel despite notification and an order noting lack of instructions from co-operative clients. No costs awarded.

A compact analysis

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.

Kumar

Rasammal [Respondents 2 to 7 brought on record as LRs of the deceased sole respondent, viz., Marappa Gounder vide order of Court dated 04.12.2019 made in C.M.P.Nos.22389 and 22390 of 2019 in S.A.No.1495 of 2003] .. Respondents

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https://www.mhc.tn.gov.in/judis

S.A.No.1495 of 2003

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure Code against the judgment and decree dated 09.07.2008 made in A.S.No.12 of 2002 on the file of the Subordinate Judge, Sankari, reversing the judgment and decree dated 31.07.2002 and made in O.S.No.201 of 1997 on the file of the District Munsif Court, Sankari.

For appellant-1 ... Died For Appellants 2 to 5 ... Served-No Appearance For Respondent-1... Died For Respondents

2 to 7 .... Mr.S.Shivashanmugam Amicus Curiae, Vide order dated 29.06.2022

JUDGMENT

On the last occasion, a Memo dated 15.12.2022 was filed by the erstwhile counsel for the appellants that his clients are not co-operating in conducting the appeal and that they are reporting “No instructions”. The learned counsel had also informed the parties that the matter was listed on the said date. To date, no steps have been taken by the appellants to be represented before this Court. Today, when the matter is called, there is no representation on behalf of the appellants, inspite of their names being

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https://www.mhc.tn.gov.in/judis

S.A.No.1495 of 2003

printed in the cause list. Therefore, this Second Appeal is dismissed as

default. No costs.

04.01.2023

srn

To

The Subordinate Judge, Sankari,

The District Munsif Court, Sankari.

The Section Officer, V.R.Section, High Court, Madras

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https://www.mhc.tn.gov.in/judis

S.A.No.1495 of 2003

P.T.ASHA.J.,

srn

S.A.No.1495 of 2003

04.01.2023

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https://www.mhc.tn.gov.in/judis

CNR

HCMA010104372003

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR DEFAULT

K.Ranganatha Gounder Vs Susila

4 Jan 2023

Mallika Vs Natarajan

4 Jan 2023