On 07.02.2023, the Madurai Bench of the Madras High Court, hearing S.A(MD)No.306 of 2005 under Section 100 CPC, found the appellants absent on the day of hearing. The appeal was dismissed for default, with no order as to costs.
The second appeal is dismissed for default; no order as to 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(MD)No.306 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.306 of 2005
1.A.Arokiamary (died)
2.Arokiadoss
3.Stella Kumari
4.A.Selvi
5.Kulanthai Terasa
...Appellants
(Appellants 2 to 5 are brought on record as LRs of the deceased sole appellant vide Court order dated 18.08.2010 made in M.P(MD) No.1 of 2010 in S.A(MD) No.306 of 2005)
-Vs-
1.S.Sebestian
2.S.JohnDavid
3.S.Saveriar
... Respondents
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 13.08.2004 made in A.S.No.5 of 2001 on the file of the Additional Sub Court, Dindugul, confirming
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S.A(MD)No.306 of 2005
the decree and judgment dated 28.06.2000 made in O.S.No.794 of 1996 on the file of II Additional District Munsif Court, Dindugul.
For Appellants : No appearance
For Respondents : Mr.R.Venkadasamy
JUDGMENT
When the second appeal was taken up for hearing on 30.02.2023, there
was no representation for the appellants. Hence, in order to give an opportunity to the appellants, the matter was adjourned to today (i.e.,) 07.02.2023 with a direction to the Registry to post the second appeal under the caption for dismissal.
Second Appeal is dismissed for default. However, there shall be no order as to
costs.
07.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
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S.A(MD)No.306 of 2005
To
2.The II Additional District Munsif, Dindugul.
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
S.SOUNTHAR, J.
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S.A(MD)No.306 of 2005
CP
S.A(MD)No.306 of 2005
07.02.2023
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1 issue framed by the court
Whether to dismiss the second appeal for default in the absence of the appellants.
1.A.Arokiamary (died) : 2.Arokiadoss : 3.Stella Kumari : 4.A.Selvi : 5.Kulanthai Terasa
1.S.Sebestian : 2.S.JohnDavid : 3.S.Saveriar
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
