Johnson, (Died) v. K.Madhavan Pillai
Case brief
What is this about?
The Second Appeal was dismissed for default as the learned counsel for appellants reported no instructions and no other representation was made.
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.385 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.385 of 2005
1.Johnson (died)
2.Thangarethinam
3.Benjamin Selvin
4.Ravenish Rajan
...Appellants
(Appellants 2 to 4 are brought on record as LRs of deceased sole appellant as per the order of this Court dated 22.09.2015 made in M.P(MD)Nos.2 to 4 of 2013)
-Vs-
1.K.Madhavan Pillai
2.Sarojini Amma
3.S.Sarala
4.S.Sudha
5.P.Mohanan ... Respondents
(Respondents 2 to 5 are ex parte in the lower court. Hence, notice to them may be dispensed with)
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PRAYER
S.A(MD)No.385 of 2005
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in A.S.No.125 of 2002 dated 09.11.2004 on the file of Sub Court, Padmanabhapuram, confirming the judgment and decree in O.S.No.179 of 1999 on the file of the Principal District Munsif Court, Padmanabhapuram, dated 12.08.2002.
For A2 & A4 : Mr.T.Selvakumaran
For R1 : Mr.K.Sreekumaran Nair
JUDGMENT
When the second appeal is taken up for hearing, Mr.T.Selvakumaran, learned counsel for the appellants 2 and 4 reporting no instructions and he has also made an endorsement to that effect in the Court bundle. Further, notice sent by the Registry to the third appellant served and his name appeared in the cause list. There is no other representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs.
25.04.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
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S.A(MD)No.385 of 2005
To
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S.A(MD)No.385 of 2005
S.SOUNTHAR, J.
cp
S.A(MD)No.385 of 2005
25.04.2024
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1 issue framed by the court
Whether the Second Appeal should be allowed or dismissed on default?
1 provisions across 1 enactments
Johnson (died)
Thangarethinam
Benjamin Selvin
Ravenish Rajan
K.Madhavan Pillai
Sarojini Amma
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court