The Madurai Bench of the Madras High Court dismissed a Second Appeal by default due to the absence of the appellants during the hearing despite notice to list the matter for dismissal.
Second Appeal dismissed for default. 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :22.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.916 OF 2007 and M.P(MD)No.1 of 2007
1.M.P.Mathuraisamy Ambalam
2.M.C.Manthaiveeran
:Plaintiffs/Appellants/Appellants
.vs.
1.S.M.Natarajan
2.The Tahsildar, Melur, Melur Taluk, Office at Trichy-Main Road, Melur Town, Madurai District.
3.M.V.Veeranan
4.Ayyavu
:Defendants/Respondents/
Respondents
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.193 of 2006, dated 22.1.2007, on the file of Ist Additional Sub-ordinate Court, Madurai confirming the judgment and decree made in O.S.No. 164/2002, dated 1.9.2005, on the file of District Munsif Court, Melur.
2
For Appellants :No appearance For Respondents :No appearance 1,3 and 4 For Respondent-2 :Mr.SRA.Ramachandran Addl.Govt.Pleader
**JUDGMENT ***************
When the Second Appeal came up for hearing on 18.07.2024, there was no representation for the appellants. It is also seen that the first respondent died on 29.01.2021. No steps have been taken to bring on record the legal representatives of the the deceased first respondent. In order to give an opportunity to the appellants, the Registry was directed to list the Second Appeal under the caption ‘’for dismissal’’ today.
2.Even today, there is no representation for the appellants. Hence, the Second Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.
22.07.2024
Inndex:Yes/No Internet:Yes/No NCC:Yes/No
vsn
3
To
4
S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)No.916 OF 2007 and M.P(MD)No.1 of 2007
22.07.2024
1 provisions across 1 enactments
M.P.Mathuraisamy Ambalam
M.C.Manthaiveeran
S.M.Natarajan
The Tahsildar, Melur
M.V.Veeranan
Ayyavu
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
