Second appeal filed under Section 100 CPC was listed for dismissal. The appellants failed to appear on file today. The court dismissed the appeal by default without costs.
The appeal was 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.
S.A(MD)No.535 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.535 of 2008
1.Sirumani
2.Uthiriya Mary
3.Arockiamary
...Appellants
(The Appellants are the only legal representatives of Late.Arulandu, second respondent/second defendant in lower Court, who died on 02.02.2005)
-Vs-
1.Chinnu Udaiyar
2.Devamurugan
4.Sivakumar
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S.A(MD)No.535 of 2008
9.Jeyamary
10.Samamanasu
11.Rani ... Respondents
(The respondent 6 to 11 herein, who were respondents 3 to 8 in A.S.No.103 of 1982 are exonerated as they were exonerated in the first appeal itself)
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 17.12.2003 passed by the learned Principal Subordinate Judge, Dindigul, in A.S.No.103 of 2002 reversing the judgment and decree dated 04.12.2000 passed by the learned Principal District Munsif, Dindigul, in O.S.No.802 of 1996.
For Appellants : No appearance For R1 to R4 : Mr.H.Lakshmi Shankar For R5 : No appearance
JUDGMENT
When the second appeal was taken up for hearing on 18.04.2024, there was no representation for the appellants in the forenoon as well as in the
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S.A(MD)No.535 of 2008
afternoon. 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'.
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.
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S.A(MD)No.535 of 2008
S.SOUNTHAR, J.
cp
S.A(MD)No.535 of 2008
23.04.2024
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1 provisions across 1 enactments
Sirumani and others
Chinnu Udaiyar and others
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
