Dismissed

Narayanan(Died), v. Kumara Pillai(Died)

Madras HC20 Jan 2023SA(MD)/510/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a second appeal on default. The appellant's counsel filed a memo stating the papers were handed to absent co-appellants, and there was no appearance by respondents.

What did the court decide?

The appeal was dismissed for default with no costs awarded.

What the court decided

Narayanan(Died), Vs Kumara Pillai(Died) — Civil Procedure and Limitation | Madras HC (2023)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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S.A(MD)NO.510 OF 2014

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Narayanan	:Ist Appellant/Plaintiff
1.Saraswathi	:Ist Appellant/2^ndAppellant(L.Rs of the deceased first appellant/Not a party
2.Rajamma	:IInd Appellant/3^rdAppellant/Not the party(LRs of the deceased first appellant)
Lekshamma @Radha(died)	:4^thAppellant
3.Baby	:Third Appellant/Fifth Appellant/ Not the party/(LRs of the deceased first appellant)
4.Vijayakumari	:4^thAppellant/6^thAppellant/Not the party(LRs of the deceased first Appellant)
5.Sasikala	:5^thAppellant/7^thAppellant/Not the party(LRs of the deceased first appellant)
6.Sujatha	:6^thAppellant/8^thAppellant/Not the party(LRs of the deceased first appellant)
7.Vijayakumar	:7^thAppellant/9^thAppellant/LRs of the deceased 4^thappellant/Not the party
8.Harikumar	:8^thAppellant/10^thAppellant/LRs of the deceased 4^thappellant/ Not the party.

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

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		2
9.Sreekumar		:9^thAppellant/11^thAppellant/LRs of the deceased 4^thAppellant/ Not the party
	/vs/
Kumara Pillai(died)		:Ist Appellant/Ist Defendants
Ramaswamy(died)		:2^ndRespondent/2^ndDefendants
1.Krishnan		:Ist Respondent/3^rdRespondent/ 3^rdDefendant
Sarojam(died)		:4^thRespondent/4^thDefendant
2.Sreemathi		:2^ndRespondent/5^thRespondent/ 5^thDefendant
Rajammal(died)		:6^thRespondent/6^thDefendant
Sobhanam(died)		:7^thRespondent/7^thDefendant
Kamalamma(died)		:8^thRespondent/8^thDefendant
Rajayyan(died)		:9^thRespondent/9^thDefendants
William(died)		:12^thDefendants
3.Jenammal		:3^rdDefendant/11^thRespondent/ 13^thDefendants
Chellappan(died)		:12^thRespondent/14^thDefendant
Manickam(died)		:15^thDefendant
4.Sukumari		:4^thRespondent/13^thRespondent /16^thDefendant
Esakkiamma(died)		:14^thRespondent/17^th Respondent
5.Natarajan		:5^thRespondent/15^thRespondent /18^thdefendant4t
Muthunayagam(died)		:19^thdefendant

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

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6.Russalayyan	3 :6^thRespondent/16^thRespondent /20^thDefendant
Chellappan(died)	:17^thRespondent/21^stDefendant
7.Chellamma	:7^thRespondent/19^thRespondent /23^rdDefendant
8.Mathavankutty	:8^thRespondent/20^thRespondent /24^thDefendant
9.Suseela	:9^thRespondent/21^stRespondent /25^thDefendant
10.Soman	:10^thRespondent/22^nd Respondent/26^thDefendant
Ravi(died)	:23^rdRespondent/27^thDefendant
11.Mohanan	:11^thRespondent/24^th Respondent/28^thDefendant
12.Srikumar	:12^thRespondent/25^th Respondent/29^thDefendant
13.Daisy	:13^thRespondent/26^th Respondent/30^thDefendant
14.Sudeeish	:14^thRespondent/27^th Respondent/31^stDefendant
15.Gikky	:15^thRespondent/32^nd Respondent
16.Murukan	:16^thRespondent/29^th Respondent/33^rdDefendant
17.Shanmughom	:17^thRespondent/30^th Respondent/34^thDefendant
18.Suresh	:18^thRespondent/31^st Respondent/35^thDefendant
19.Visalashi	:19^thRespondent/32Respondent /36^thDefendant

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

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	4
20.Vasantha	:20^thRespondent/33^rd Respondent/37^thDefendant
21.Wilson	:21^stRespondent/34^th Respondent/38^thDefendant
22.Vijayaj	:22^ndRespondent/35^th Respondent/39^thDefendant
23.Vimala	:23^rdRespondent/36^th Respondent/40^thDefendant
Swarnammal(died)	:37^thRespondent/41^stDefendant
24.Leela	:24^thRespondent/38^th Respondent/42^ndDefendant
25.Jayachandran	:25^thRespondent/39^th Respondent/43^rdDefendant
26.Ramapayyan	:26^thRespondent/41^st Respondent/LRs of the deceased Ist Respondent/ Not the party
27.Murugan	:27^thRespondent/42^nd Respondent/LRs of the deceased Ist Respondent/Not the party
28.Maheswari	:28^thRespondent/43^rd Respondent/LRs of the deceased first Respondent/ Not the party
29.Seetha	:29^thRespondent/44^th Respondent/LRs of the deceased first Respondent/ Not the party
30.Baby	:30^thRespondent/45^th Respondent/LRs of the deceased first Respondent/ Not the party
31.Bhagavathy	:31^stRespondent/46^th

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

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	5
	Respondent/Not the party/ LRs of the deceased first Respondent
32.Asok Kumar	:32^ndRespondent/47^th Respondent/Not the party/ LRs of the deceased Second Respondent
33.Chandrakumari	:33^rdRespondent/48^th Respondent/Not the party LRs of the deceased second Respondent
34.Sukumaran	:34^thRespondent/49^th Respondent/Not the party/ LRs of the deceased Second Respondent
35.Saraswathy	:35^thRespondent/50^th Respondent/Not the party
36.Kamalamma	:36^thRespondent/51^st Respondent/Not the party
37.Subbayan	:37^thRespondent/52^nd Respondent/Not the party
38.Murugan	:38^thRespondent/53^rd Respondent/Not the party/ LRs of the deceased Third Respondent
39.Ponnamma	:39^thRespondent/54^th Respondent/Not the party/ :LRs of the deceased second Respondent
40.Maheswari	:40^thRespondent/55^th Respondent/Not the party/ LRs of the deceased 40^th Respondent
41.Raghi	:41^stRespondent/56^th Respondent/Not the party/ LRs of deceased 40^th

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

42.Rehana

Respondent

:42^nd Respondent/57^th Respondent/Not the party/ LRs of deceased Respondent

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42.Rehana :42^nd Respondent/57^th Respondent/Not the party/ LRs of deceased Respondent 43.Rakesh Kumar :43^rd Respondent/58^th Respondent/Not the party/ LRs of the deceased 40^th Respondent

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PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.15 of 2002, dated 18.01.2013, on the file of the IInd Additional Subordinate Judge, Nagercoil, Camp at Kuzhithurai, confirming the judgment and decree made in O.S.No.123 of 1990, dated 27.7.2001, on the file of Second Additional District Munsif, Kuzhithurai.

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For Appellant-1 :Dismissed as withdrawn For Appellants :Mr.J.Barathan 2 to 9 for M/s.T.R.Jeyapalam (No appearance)

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For Respondents :No appearance 4,5,8,9,10,12,13, 14,27,28,29,30 and 31

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**JUDGMENT ***************

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Mr.J.Barathan, learned counsel appearing for the appellants 2

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to 9 filed a memo stating that he had handed over the papers to the appellants 2 to 9. The said memo is recorded.There is no representation for the appellants 2 to 9.

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

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2.In view of the above, the Second Appeal is dismissed for

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default. No costs.

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20.01.2023

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Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To

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1.The IInd Additional Subordinate Judge, Nagercoil, Camp at Kuzhithurai.

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2.The IInd Additional District Munsif, Kuzhithurai.

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

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

S.SOUNTHAR, J.

vsn

JUDGMENT MADE IN S.A(MD)NO.510 OF 2014

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20.01.2023

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

Narayanan(Died), v. Kumara Pillai(Died)

Case brief

What is this about?

What did the court decide?

What the court decided

Narayanan(Died), v. Kumara Pillai(Died)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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