Dismissed

Subramanian v. Chinnakkannu @ Vellaian

Madras HC16 Jul 2024SA(MD)/1051/2006

Case brief

AI extract

What is this about?

Both second appeals filed under Section 100 of the Civil Procedure Code were dismissed for default as the appellants failed to appear on the listed hearing dates. The respondent in one case had passed away, but the absence of counsel for the appellants in both cases necessitated dismissal.

What did the court decide?

Second Appeals dismissed for default; no order as to costs; connected miscellaneous petitions closed.

Subramanian Vs Chinnakkannu @ Vellaian — Contract and Commercial Disputes | Madras HC (2024)

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S.A(MD)Nos.1051 & 1052 of 2006

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.07.2024

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CORAM

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THE HON'BLE MR.JUSTICE S.SOUNTHAR

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S.A(MD)Nos.1051 & 1052 of 2006 and

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M.P(MD)Nos.1 & 1 of 2006

1.Subramanian

2.Senthil Kumar

3.Chinnammal

4.Selvam

5.Chinthamani

6.Vellaiammal

7.Ganesan

8.Saraswathi ... Appellants/Respondents Defendants (In both case)

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Vs.

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Chinnakkannu @ Vellaian ... Respondent/Appellant Plaintiff in S.A.(MD)No.1051 of 2006 Chinnappa ... Respondent/Appellant Plaintiff in S.A.(MD)No.1052 of 2006

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

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S.A(MD)Nos.1051 & 1052 of 2006

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PRAYER in S.A(MD)No.1051 of 2006 : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment made in A.S.No.105 of 2003, dated 23.03.2006 on the file of the I Additional Subordinate Judge, Tiruchirapalli, reversing the decree and judgment made in O.S.No.79 of 1997, dated 31.08.2000 on the file of the District Munsif Court, Manapparai by allowing this Second Appeal and thereby decreeing the suit in toto with cost.

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PRAYER in S.A(MD)No.1052 of 2006 : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment made in A.S.No.110 of 2003, dated 23.03.2006 on the file of the I Additional Subordinate Judge, Tiruchirapalli, reversing the decree and judgment made in O.S.No.67 of 1997, dated 31.08.2000 on the file of the District Munsif Court, Manapparai by allowing this Second Appeal and thereby decreeing the suit in toto with cost.

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For Appellants : No appearance (in both case) For Respondent : Mr.G.Prabhu Rajadurai in S.A(MD)No.1051 of 2006 For Respondent : Mr.V.Ramakrishnan in S.A(MD)No.1052 of 2006

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

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S.A(MD)Nos.1051 & 1052 of 2006

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COMMON JUDGMENT

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When both the Second Appeals were taken up for hearing on 12.07.2024, there was no representation for the appellants. The learned Counsel for the respondent in S.A(MD)No.1051 of 2006 informed the Court that sole respondent passed away on 06.09.2020. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter under the caption 'For Dismissal'.

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2. Today, both the Second Appeals are listed under the caption 'For Dismissal'. Even today, there is no representation for the appellants.

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3. Hence, both the Second Appeals stand dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

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16.07.2024

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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

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S.A(MD)Nos.1051 & 1052 of 2006

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1.The I Additional Subordinate Judge, Tiruchirapalli.

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2.The District Munsif Court, Manapparai.

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

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

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S.A(MD)Nos.1051 & 1052 of 2006

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S.SOUNTHAR, J.

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BTR

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Judgment made in S.A(MD)Nos.1051 & 1052 of 2006

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Dated: 16.07.2024

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https://www.mhc.tn.gov.in/judis 5/5

Subramanian v. Chinnakkannu @ Vellaian

Case brief

What is this about?

What did the court decide?

Subramanian v. Chinnakkannu @ Vellaian

Case brief

What is this about?

What did the court decide?

What the court decided

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