Second appeal was dismissed for default as the appellant failed to appear and gave an undertaking that counsel would report 'no instruction'. The allied miscellaneous petition was closed.
Second Appeal dismissed for default, no order as to costs; connected Miscellaneous Petition closed.
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.747 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.747 of 2009 and M.P(MD)No.1 of 2009
Azha. Karuppiah ... Appellant/Appellant Defendant
Vs.
1.Pazha. Alagappan
2.Azha. Pazha. Pazha Sathappan 3.Azha. Pazha Sathappan ... Respondents/Respondents Plaintiffs
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 30.12.2008 in A.S.No.49 of 2008 on the file of the District Court, Sivagangai, confirming the judgment and decree, dated 31.07.2007 in O.S.No.61 of 2005 on the file of the District Munsif-cum-Judicial Magistrate Court, Thiruppathur.
For Appellant : No appearance
For Respondents : Mr.G.Aravinthan
S.A(MD)No.747 of 2009
JUDGMENT
When the Second Appeal was taken up for hearing on 16.07.2024, the learned Counsel appearing for the appellant reported 'No instruction' and he had also made an endorsement to that effect. Recording the same, the Registry was directed to list the matter under the caption 'For Dismissal' today by printing the name of the appellant.
2. Today, the Second Appeal is listed under the caption 'For
Dismissal' by printing the name of the appellant. Even today, there is no representation for the appellant.
3. The learned Counsel for the respondent is present.
4. Hence, the Second Appeal stands dismissed for default. There
shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
18.07.2024
2/4
S.A(MD)No.747 of 2009
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
3.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.
3/4
S.A(MD)No.747 of 2009
S.SOUNTHAR, J.
BTR
Judgment made in S.A(MD)No.747 of 2009
Dated: 18.07.2024
Azha. Karuppiah
Pazha. Alagappan
Azha. Pazha. Pazha Sathappan
Azha. Pazha Sathappan
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
