Dismissed¶23

Natarajan v. Sowrirajan

Madras HC8 Jan 2025SA(MD)/467/2004

Case brief

AI extract

What is this about?

Default dismissal of a civil Second Appeal (S.A.(MD)No.467 of 2004) under Section 100 CPC at the Madurai Bench of the Madras High Court, decided 08.01.2025 by V. Sivagnanam, J. Appellants Natarajan and Nandhakumar appeared neither time ('No appearance'); respondent Sowrirajan was represented by Mr. K. Prabhakar. Underlying chain: decree dated 06.04.1999 in O.S.No.832 of 1998 (Principal District Munsif, Trichirapalli) was set aside by judgment and decree dated 16.04.2004 in A.S.No.134 of 1999 (Subordinate Judge, Trichirapalli), which the Second Appeal sought to reverse. No merits decided, no cases cited, no quantum.

What did the court decide?

As there was no representation on the side of the appellants when the matter was taken up for hearing, and the appellants remained absent for the second time, the Second Appeal is dismissed for default, with no costs.

Natarajan Vs Sowrirajan — Madras HC (2025) — LawSathi Research

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S.A.(MD)No.467 of 2004

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.01.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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S.A.(MD)No.467 of 2004

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1.Natarajan 2.Nandhakumar

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...2^nd Defendant/2^nd Respondent/1^st Appellant ...4^th Defendant/4^th Respondent/2^nd Appellant

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-Vs-

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Sowrirajan

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...Plaintiff/Appellant/Respondent

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Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 16.04.2004 in A.S.No.134 of 1999 passed by the learned Subordinate Judge, Trichirapalli setting aside the well considered judgment and decree, dated 06.04.1999 in O.S.No.832 of 1998 on the file of the Principal District Munsif, Trichirapalli. The Judgment and decree dated 16.04.2004 of the learned Subordinate Judge, Trichirapalli is liable to be set aside.

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For Appellants : No appearance

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For Respondent : Mr.K.Prabhakar

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

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Page 1 of 4

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S.A.(MD)No.467 of 2004

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JUDGMENT

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This Second Appeal has been filed against the judgment and decree dated 16.04.2004 in A.S.No.134 of 1999 passed by the learned Subordinate Judge, Trichirapalli setting aside the well considered judgment and decree dated 06.04.1999 in O.S.No.832 of 1998 on the file of the Principal District Munsif, Trichirapalli. The Judgment and decree dated 16.04.2004 of the learned Subordinate Judge, Trichirapalli.

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2.When the matter was taken up for hearing, there is no representation on

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the side of the appellants. The appellants remained absent for the second time.

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3.In view of the above, this Second Appeal is dismissed for default. No costs.

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08.01.2025

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NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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