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Seenivasan Vs Ayyavu(Died) — Civil Procedure and Limitation | Madras HC (2024)

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Madras HC
2024
Seenivasan Vs Ayyavu(Died)Seenivasan v. Ayyavu(Died)

Dismissed

Seenivasan v. Ayyavu(Died)

Madras HC8 Apr 2024SA(MD)/273/2007

Case brief

AI extract

What is this about?

Madrasi Second Appeal files where appellants were absent during hearing. High Court dismissed the appeals for default.

What did the court decide?

Second Appeals dismissed for default.

What the court decided

AI extract

A

S.A(MD)Nos.273 and 274 of 2007

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

S.A(MD)Nos.273 and 274 of 2007

S.A(MD)No.273 of 2007

Seenivasan ...Appellant

-Vs-

1.Ayyavu (died

2.Ponnammal

3.Akilandam

4.Rasamani

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure100

Parties & counsel

AI extract

appellant
Seenivasan
respondent
1.Ayyavu
respondent
2.Ponnammal
respondent
3. Akilandam
respondent
4. Rasamani
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 8 Apr 2024 · April
Registered: 16 Mar 2007
Case no.: SA(MD)/273/2007

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Cite this judgement

Seenivasan v. Ayyavu(Died), SA(MD)/273/2007 (MAD), decided on 8 April 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure100

View all statutes

Bench / Coram

S. Sounthar

Parties & counsel

Outcome

Second Appeals dismissed for default.

Detailed headnote1 paragraphs

In the absence of the appellant appearing for hearing on the appeal, the High Court, despite giving an opportunity by listing the matter, dismissed the second appeals for default. The prayers set aside specific decrees and judgments were not dealt with as no representation was made.

A compact analysis

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.

5.Murugesan

6.Suguna

(Respondents 2 to 6 are brought on records as LRs of the deceased sole respondent vide order of Court dated 28.07.2008 made in M.P(MD) No.1 of 2008)

... Respondents

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment passed in A.S.No.8 of 2002 dated

1/4

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

S.A(MD)Nos.273 and 274 of 2007

27.11.2003 on the file of the Additional District Court/Fast Track Court, No.2, Pattukkottai, confirming the decree and judgment passed in O.S.No.110 of 1995 dated 25.08.2001 on the file of the District Munsif Court, Pattukottai.

For Appellant : No appearance For R2 to R6 : Mr.D.R.Murugesan

S.A(MD)No.274 of 2007

Seenivasan ...Appellant -Vs1.Annamalai

2.Jothi ... Respondents

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment passed in A.S.No.7 of 2002 dated 27.11.2003 on the file of the Additional District Court/Fast Track Court No.2, Pattukkottai, confirming the decree and judgment passed in O.S.No.111 of 1995 dated 25.09.2001 on the file of the District Munsif Court, Pattukottai.

For Appellant : No appearance For R2 : Mr.S.Kumar for Mr.Uma Ramanathan

2/4

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

COMMON JUDGMENT

S.A(MD)Nos.273 and 274 of 2007

When the second appeals were taken up for hearing on 05.04.2024,

there was no representation for the appellant during first call as well as second call. Therefore, in order to give an opportunity to the appellant, Registry was directed to list the matter today (i.e.,) 08.04.2024 under the caption 'for dismissal'.

Even today, there is no representation for the appellant. Hence, these Second Appeals are dismissed for default. No costs.

08.04.2024

NCC : Yes / No Index : Yes / No Internet : Yes / No cp

To

1.The Additional District Court/Fast Track Court No.2, Pattukkottai.

The District Munsif, Pattukottai.

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

3/4

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

S.A(MD)Nos.273 and 274 of 2007

S.SOUNTHAR, J.

cp

S.A(MD)Nos.273 and 274 of 2007

08.04.2024

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

4/4

5. Murugesan

Coram

AI extract

S. Sounthar

CNR

HCMD010005272007

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR DEFAULT

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