Second appeal filed in 2012 concerning a suit over property between family members; appellants twice absent when the matter was called, showing disinterest; the High Court dismissed the appeal for default without adjudicating any substantive issue.
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S.A.No.391 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024
CORAM:
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
S.A.No.391 of 2012
1.T.S. Jagannathan S/o. Late T.S. Sundararajan, No.211-B, Kasakaranur, Salem - 5.
2.R. Ananthalakshmi, W/o. B.S. Ramaswami D/o. T.S. Sundararajan, No.319, State Bank Colony II, Thirugnanasambandar Street, Salem-4. ... Appellants
Vs.
1.R. Lalitha, W/o. Late T.S. Ramanathan,
2.R. Rajkumar, S/o. Late T.S. Ramanathan, Both formerly residing at 295, Neduchalai Nagar, Main Road, Kennedy Nagar, Salem – 5.
3.R. Rajeswari, W/o. Rajasekar, / D/o. Late T.S. Ramanathan, Lecturer at Sona College of Technology,
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S.A.No.391 of 2012
Arumugham Colony, Salem-5 and now at 50-4.1, Mittapudur Main Road, Opp. Annai Therasa Illam, Salem - 16. ... Respondents
PRAYER: Second Appeal is filed under Section 100 of C.P.C against the Judgement and Decree dated 16.04.2009 of the Principle District Judge of Salem in A.S.No.63 of 2008 confirming the judgement and Decree dated 23.04 2008 of the learned Subordinate Judge of Salem in O.S.No.67 of 2005.
For Appellants : No appearance For Respondents : Mr.V.Vijyakumar
JUDGEMENT
On 01.10.2024, when the matter was taken up, there was no
representation for the appellants; hence, a direction was given to the Registry to
print the name of the appellants in the cause list and this matter was ordered to be listed after two weeks.
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S.A.No.391 of 2012
R.N.MANJULA, J.
jrs
2. When the matter is called today also, there is no representation on
behalf of the appellants. The suit is of the year 2012 and it is pending without any progress and the appellants are also seen to be not interested in continuing the proceedings and hence, the suit is 'dismissed for default'.
25.11.2024
Index : Yes/No Speaking/ Non-Speaking Internet: Yes/No Neutral: Yes/No jrs
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S.A.No.391 of 2012
R.N.MANJULA, J.
jrs
To
1 . The Subordinate Judge, Salem.
3 . The Section Officer, V.R.Section,
High Court, Madras.
S.A.No.391 of 2012
25.11.2024
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1 issue framed by the court
Whether the second appeal should proceed given continued non-representation by the appellants.
1 provisions across 1 enactments
T.S. Jagannathan
R. Ananthalakshmi
R. Lalitha
R. Rajkumar
R. Rajeswari
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
