Second appeal against a first appellate decree in a property suit. Counsel reported no instructions and notices were served on the appellants. The High Court dismissed the second appeal for default with no costs and closed the connected civil miscellaneous petition.
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.154 OF 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2024
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
S.A.NO.154 OF 2020
AND CMP NO.3342 OF 2020
Versus
Page No.1 of 4
S.A.NO.154 OF 2020
PRAYER : Second Appeal filed under Section 100 of Civil Procedure Code, 1908 against the Judgment and Decree dated 08.07.2019 in A.S.No.78 of 2015 on the file of the Sub Court, Kallakurichi reversing the Judgment and Decree dated 17.03.2015 in O.S.No.373 of 2009 before the Principal District Munsif's Court, Kallakurichi.
For Appellants : Ms.Nilaphar for M/s.R.Meenal For Respondents 1, 4 & 5: Served – No appearance For Respondents 2, 6 & 7: Unclaimed For Respondent 3 : Not ready in notice
J U D G M E N T
When the matter came up before this Court on September 20,
2024, Ms.R.Meenal, learned counsel for the appellants reported 'no instructions'. To that effect, she has made an endorsement in the case file and a scanned reproduction of the same reads thus:
2.Today, Ms.Nilaphar, learned counsel representing
Ms.R.Meenal, learned counsel on record for the appellants submitted that she
Page No.2 of 4
S.A.NO.154 OF 2020
has intimated the date of hearing to the appellants. To that effect, she has filed a Memo dated October 14, 2024 with the acknowledgment cards which shows that notices were served on the appellants. She has also made an endorsement to that effect in the case file and a scanned reproduction of the
endorsement dated October 14, 2024 is as follows:
3.In view of the endorsement made by the learned counsel for
the appellants on September 20, 2024 and October 14, 2024, this Second Appeal is dismissed for default. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
14.10.2024 Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No Speaking Order / Non-Speaking Order TK
Page No.3 of 4
S.A.NO.154 OF 2020
R.SAKTHIVEL, J.
TK
To
1.The Sub Judge Sub Court Kallakurichi.
S.A.NO.154 OF 2020
14.10.2024
Page No.4 of 4
1 provisions across 1 enactments
Senthamathi
Anbu
Balamurugan
Anbazhagan
Kalian
Periammal
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
