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Vembu Ammal Vs Umarani — Civil Procedure and Limitation | Madras HC (2023)

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Madras HC
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Vembu Ammal Vs UmaraniVembu Ammal v. Umarani

Dismissed

Vembu Ammal v. Umarani

Madras HC24 Jan 2023SA(MD)/173/2005

Case brief

AI extract

What is this about?

Second Appeal dismissed for default due to non-appearance of the appellant, who reported having no instructions, on 24.01.2023.

What did the court decide?

Appeal dismissed for default.

What the court decided

AI extract

A

S.A(MD)No.173 of 2005

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 24.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

S.A(MD)No.173 of 2005

1.Vembu Ammal 2.Chinnathurai Udayar (Died) 3.C.Vijaya 4.C.Manickarajan 5.D.Sivasankari 6.C.Dinesh

... Appellants

(Appellants 3 to 6 are brought on record as LRs of deceased 2^nd appellant vide order dated 05.01.2023 made in C.M.P(MD)No.11439 of 2022 in S.A(MD)No.173 of 2005 by SSJ)

Vs.

1.Umarani

2.Ravikumar

Parties & counsel

AI extract

appellant
Vembu Ammal and others
respondent
Umarani and others

Coram

AI extract

S. Soundhavar

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Jan 2023 · January
Registered: 22 Feb 2005
Case no.: SA(MD)/173/2005

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Cite this judgement

Vembu Ammal v. Umarani, SA(MD)/173/2005 (MAD), decided on 24 January 2023.

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

Bench / Coram

S. Soundhavar

Parties & counsel

Outcome

Appeal dismissed for default.

Detailed headnote1 paragraphs

The Second Appeal filed under Section 100 of the Civil Procedure Code was dismissed by default as the appellant appeared with no instructions. No costs were 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.

3.Karthikeyan

4.Sridevi 5.Saroja 6.Pari

7.Thangavel ... Respondents

PRAYER :-

This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment of the Principal District Court, Thanjavur passed in A.S.No.9 of 2004, dated 09.08.2004 partly modifying the decree and judgment of the Principal Subordinate Court, Thanjavur passed in O.S.No.81 of 2001, dated 30.09.2003.

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

For Appellants : No Appearance For R7 : Mr.A.V.Rajasekaran For R5 – R6 : No Appearance

S.A(MD)No.173 of 2005

JUDGMENT

When the matter was taken up for hearing on 23.01.2023, the learned counsel for the appellants filed a memo stating that he reported 'no instructions'. After recording the memo, this Court directed the Registry to post the Second Appeal today (24.01.2023) by printing the names of the appellants and the third respondent.

2.Today i.e on 24.01.2023 the Second Appeal is listed by printing the

names of the appellants. There is no representation for the appellant.

3.Hence, the Second Appeal is dismissed for default. No costs.

24.01.2023

NCC : Yes/No Index : Yes / No Internet : Yes / No vsd

2/4

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

S.A(MD)No.173 of 2005

To

1.The Principal District Judge, Thanjavur.

2.The Principal Subordinate Court, Thanjavur.

3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A(MD)No.173 of 2005

S.SOUNTHAR, J.

vsd

S.A(MD)No.173 of 2005

24.01.2023

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

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CNR

HCMD010035332005

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR DEFAULT

Maruthandi Kone (Died) Vs Seeniammal,(Died)

24 Jan 2023

Damodran Vs a.M.Abdul Salam(Died)

24 Jan 2023