Second appeal against a first appellate decree reversing the trial court judgment. The appellant was absent for the third consecutive hearing with no representation, and the High Court dismissed the appeal 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.449 of 2004
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
S.A.(MD)No.449 of 2004
Mohan, Poosari Arulmigu Akkasa Kannimar Temple, Sanarpatti Village, Dindigul Taluk, Dindigul District. through its power agent Mr.Dharmalingam
...Appellant/2nd Respondent/2nd Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 N.K.Raju(died) ...1st Respondent/1st Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 -Vs-
1.Karuppan Ambalam ...1st Respondent/1st Appellant/4th Plaintiff in A.S.No.153 of 2002 in O.S.No.1914 of 1990
2.Chinnaponnayan @ Nivelan Ambalam
...2nd Respondent/2nd Appellant/6th Plaintiff in A.S.No.153 of 2002 in O.S.No.1914 of 1990
3.B.Manickam @ Manickavel ...3rd Respondent/3rd Respondent/3rd Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 (Given up – since no relief is sought against)
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S.A.(MD)No.449 of 2004
4.K.Razzaq ...4th Respondent/5th Respondent/3rd Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990
(Given up – since no relief is sought against)
5.Karuppayee ...5th Respondent/7th Respondent/7th Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990
(Given up – since no relief is sought against)
6.Jothi Ammal ...6th Respondent/8th Respondent/8th Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 (Given up – since no relief is sought against)
7.A.Panjavarnam ...7th Respondent/9th Respondent/9th Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 (Given up – since no relief is sought against) K.Mohmmad Haneefa (died) ...4th Respondent/4th Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990 S.Sadaiyandi (died) ...6th Respondent/5th Defendant in A.S.No.153 of 2002 in O.S.No.1914 of 1990
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 30.04.2004 passed in A.S.No.128 of 2002 by the Principal Sub Judge, Dindigul, Dindigul District reversing the Judgment and Decree, dated 25.09.2001 passed in O.S.No.1658 of 1993.
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S.A.(MD)No.449 of 2004
JUDGMENT
This Second Appeal has been filed against the Judgment and Decree, dated 30.04.2004 passed in A.S.No.128 of 2002 by the Principal Sub Judge, Dindigul, Dindigul District reversing the Judgment and Decree, dated 25.09.2001 passed in O.S.No.1658 of 1993.
2.When the matter was taken up for hearing, there is no representation on the side of the appellant. The appellant remained absent for the third time.
3.In view of the above, this second appeal is dismissed for default. No costs.
22.01.2025 2/2
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
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S.A.(MD)No.449 of 2004
V.SIVAGNANAM. J,
RJR
To
S.A.(MD)No.449 of 2004
22.01.2025
2/2
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1 provisions across 1 enactments
Mohan, Poosari Arulmigu Akkasa Kannimar Temple, Sanarpatti Village, Dindigul Taluk, Dindigul District through its power agent Mr.Dharmalingam
N.K.Raju (died)
Karuppan Ambalam
Chinnaponnayan @ Nivelan Ambalam
B.Manickam @ Manickavel
K.Razzaq
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
