The Madurai Bench of the Madras High Court dismissed a Second Appeal (S.A.No.911 of 2008) for default and non-appearance of the appellants. The appeal, filed under Section 100 CPC, was earlier restored but remained unopposed on the day of hearing.
Second Appeal dismissed for default without costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :06.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.NO.911 OF 2008
1.Subramanian(died),
2.Soundaravalli
3.Banumathi
4.Kannan
6.Chinnaiya
7.Seetharaman :Appellants/Appellants/Defendants
(Sole Appellant died and memo dated 3.4.2012 is recorded as per order of this Court made in S.A(MD)No.911 of 2008, dated 3.4.2012)
(Appellants 2 to 7 are brought on record as legal representatives of the deceased sole appellant as per order of this Court dated 18.10.2016 made in M.P(MD)No.1 to 3 of 2013 in S.A(MD)No.911 of 2008
.vs.
1.P.S.P.Sethuraman(died)
2.S.P.Palaniappan @ Kasi Viswanathan
3.S.P.Ramanathan
4.S.P.Valathappan @ Mani(died)
5.S.P.Alagappan @ Lakshmanan
6.S.P.Chidamparam
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7.Anandhi
8.SE.Palaniyappan
9.K.Senthilkumar
10.M.Periyakaruppan
11.M.Kumarappan
12.N.Vishalakshi
(Respondents 7 and 8 are brought on record as legal representatives of the deceased first respondent as per order of this Court made in C.M.P(MD)No.6774 to 6776 of 2016 in S.A(MD)No.911 of 2008, dated 18.10.2016)
(9th respondent is brought on record as legal representatives of the deceased second respondent as per order of this Court made in C.M.P(MD)No.6777 to 6779 of 2016 in S.A(MD)No.911 of 2008, dated 19.10.2016)
(Respondents 10 to 12 are brought on record as legal representatives of the deceased fourth respondent as per order of this Court made in C.M.P(MD)Nos.6780 of 2016 to 6782 of 2016 in S.A(MD)No.911 of 2008, dated 19.10.2016)
:Respondents/Respondents/Defendants
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in O.S.No.546 of 1995, dated 30.06.2003, on the file of the District Munsif-cumJudicial Magistrate, Thirumayam which was confirmed in A.S.No. 88 of 2003, dated 27.10.2006, on the file of the Additional District Judge(Fast Track Court), Pudukkottai.
For Appellants :No appearance
For Respondents :Mr.P.Thiiyagarajan 3 and 5 to 12
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Respondents :Steps taken 1,2 and 4
**JUDGMENT ***************
It is seen that the Second Appeal was dismissed for default on 09.04.1012 and thereafter, it has been restored on application filed by the appellants.
2.When the Second Appeal was listed on 5.6.2024, there was no representation for the appellants and hence, in order to give an opportunity to the appellants, Registry was directed to list the matter under the caption ‘’for dismissal’’ today. Even today, there is no representation for the appellants.
3.Hence, the Second Appeal is dismissed for default. No
costs.
06.06.2024
Index:Yes/No Internet:Yes/No NCC:Yes/No
vsn
To
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2.The District Munsif-cum-Judicial Magistrate, Thirumayam.
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)NO.911 OF 2008
06.06.2024
1 provisions across 1 enactments
Subramanian (died) or Legal Representatives
P.S.P.Sethuraman (died) or Legal Representatives
S.P.Palaniappan @ Kasi Viswanathan
S.Soundhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
