Second appeal listed under the caption 'for dismissal' after appellants failed to appear on two hearing dates. With no representation for the appellants, the High Court dismissed the second appeal for default, leaving the decrees in the courts below intact.
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.199 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.199 of 2006
1.Maharajan
2.Sankaran
3.Sornam @ Sundari
4.Parvathy
5.Isakkiappan
6.Isakkimuthu (minor) ...Appellants
(Minor 6th appellant is represented through his mother & natural guardian M.Bagavathi)
-Vs-
1.V.Arunachala Velar
2.A.Ganesan
3.V.Madasamy
1/4
S.A(MD)No.199 of 2006
4.R.Vijayakumar
... Respondents
(R2 to R4 are set-ex parte in the Courts below. Hence, given up for notice)
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed by the I Additional District Judge, Tirunelveli in A.S.No.32 of 2005 dated 25.10.2005 confirming the judgment and decree passed in O.S.No.24 of 1998 on the file of II Additional Subordinate Judge, Tirunelveli, dated 02.11.2004.
For Appellants : No appearance For R4 : Mr.R.Manimaran
JUDGMENT
When the second appeal was taken up for hearing on 15.04.2024, there was no representation for the appellants. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter today (i.e.,) 23.04.2024 under the caption 'for dismissal'.
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S.A(MD)No.199 of 2006
2.Today, the second appeal is listed under the caption 'for dismissal'. There is no representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs.
23.04.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
To
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
3/4
S.A(MD)No.199 of 2006
S.SOUNTHAR, J.
cp
S.A(MD)No.199 of 2006
23.04.2024
4/4
1 provisions across 1 enactments
Maharajan
Sankaran
Sornam @ Sundari
Parvathy
Isakkiappan
Isakkimuthu (minor)
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
