Dismissed¶40

P. Muthurasu,(Died) Rep by His v. Muthammal(Died)W/O Ramayya

Madras HC7 Jan 2025SA/651/2001

Case brief

AI extract

What is this about?

Second appeal dismissed for default; non-prosecution by appellant; repeated change of vakalat/counsel; three chances given; no costs; Section 100 Civil Procedure Code; S.A.No.651 of 2001; A.S.No.104 of 1999; First Additional Subordinate Judge Madurai; O.S.No.196 of 1997; District Munsif Melur; Madurai Bench of Madras High Court; V. Sivagnanam J.; decision date 07.01.2025.

What did the court decide?

The Second Appeal is dismissed for default, with no costs, because the petitioner repeatedly changed the vakalat/engaged new counsel and was not ready to proceed despite three chances already given to conduct the case. ¶40

P. Muthurasu,(Died) Rep by His Vs Muthammal(Died)W/O Ramayya — Madras HC (2025) — LawSathi Research

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S.A.No.651 of 2001

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.01.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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S.A.No.651 of 2001

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1.P.Muthurasu(died) represented by his power agent Pandiammal.

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...Plaintiff/Respondent/Appellant

2.Pandiyammal

3.Sakthi

4.Nathiya

5.Minor Natrayan (Minor rep. by his mother and natural guardian - Pandiyammal)

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(Appellants 2 to 4 are brought on record as LR's of the deceased sole appellant vide Order dated 06.06.2011 made in M.P(MD)No.2 of 2010 in S.A.No.651 of 2001)

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....Appellants

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-Vs-

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1.Muthammal(died) 2.A.Karuppayya (died)

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3.V.Shanmuganathan

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(R3 impleaded vide Order dated 13.04.2009 and made in M.P.No.1 of 2008 in S.A.No.651 of 2001)

4.R.Arammal

5.R.Mayalagu

6.R.Subramanian

7.R.Kamala

8.R.Meenakshi

9.R.Suseela

(R4 to R9 are brought on record as LRs of the deceased R1 vide Court order dated 29.01.2021 made in CMP(MD)No.3613 of 2006 in S.A.No.651 of 2001)

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https://www.mhc.tn.gov.in/judis Page 1 of 4

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S.A.No.651 of 2001

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10.Karuppayee 11.Bharathi

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12.Nandhini (Respondents 10 to 12 are brought on record as LRS of the deceased 2^nd respondent vide Court order dated 25.08.2003 made in C.M.P.(MD)Nos.6714 to 6716 of 2023 in S.A.No.651 of 2001) ...Respondents

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Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment dated 02.08.2000 made in A.S.No.104 of 1999 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgment dated 22.03.1999 made in O.S.No.196 of 1997 on the file of the District Munsif, Melur.

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For Appellants	: M/s.S.A.Ajmal Khan M/s.J.M.Hassanul Bazari for A2 to A4
For Respondents	: M/s.Prasanna Vinod for R4, R8 & R9 M/s.T.Antony Arul Raj M/s.S.Anwar Sameem For R3 M/s.S.Saravana Kumar K.Backiyaraj for R7 R2-died(CMP filed) R1-died(steps taken)
	No appearance for R5, R6, R10
	Mr.M.Saravanan for R11 and R12 * * * * *

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JUDGMENT

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This Second Appeal has been filed against the decree and judgment dated

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02.08.2000 made in A.S.No.104 of 1999 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgment dated 22.03.1999 made in O.S.No.196 of 1997 on the file of the District Munsif, Melur.

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https://www.mhc.tn.gov.in/judis

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Page 2 of 4

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S.A.No.651 of 2001

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2.The case is repeatedly adjourned from 25.11.2024. The petitioner has frequently changed the Vakalat for his appearance and, within his wise, to prolong the case and not contact the case.

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