The Madurai Bench of the Madras High Court dismissed a second appeal filed under Section 100 of the Civil Procedure Code for default, as no instructions were received for the appellant despite listing for hearing and subsequent appointment for dismissal.
The Second Appeal is dismissed for default.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :29.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.NO.307 OF 2007
Arulmighu Sennimalai Andavar Thirukkoil, Poondipalayam represented by its
Trustee M.Devanathan :Plaintiff/Appellant/Appellant
.vs.
1.Kandasamy @ Sennimalai Gounder
2.A.Ramasamy
3.R.Mani @ Senniappan
4.Ramasamy Gounder
5.R.Senniappan
7.L.Nachiappa Gounder
8.K.Senniappan @ Appukutti
9.M.Karuppayee Ammal
10.Sennimalai Andavar @ Sennimalai Andavar Davasthanam, represented through its Executive Officer, Sennimalai Andavar, Sennimalai, Erode District.
:Defendants/Respondents/Respondents
PRAYER: Second Appeal filed under Section 100 of Civil Procedure
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Code against the judgment and decree made in A.S.No.19 of 2005, dated 27.07.2006, on the file of Subordinate Judge, Karur, confirming the judgment and decree made in O.S.No.73 of 1999, dated 18.4.2005, on the file of District Munsif, Karur.
For Appellant :No appearance
For Respondent-1 :Mr.K.Govindarajan
**JUDGMENT ***************
When the Second Appeal was taken up for hearing on 26.04.2024, the learned counsel for the appellant reports ‘’no instructions’’. Recording the same, Registry was directed to list the matter under the caption ‘’for dismissal’’ today, by printing the name of the learned counsel for the appellant in the cause-list.
2.Today, the Second Appeal is listed under the caption ‘’for dismissal’’. Even today, there is no representation for the appellant. Hence the Second Appeal is dismissed for default. No costs.
29.04.2024
Index:Yes/No Internet:Yes/No NCC:Yes/No vsn
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To
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S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)NO.307 OF 2007
29.04.2024
1 provisions across 1 enactments
Arulmighu Sennimalai Andavar Thirukkoil, Poondipalayam
Kandasamy @ Sennimalai Gounder
A.Ramasamy
R.Mani @ Senniappan
Ramasamy Gounder
R.Senniappan
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
