K.Arumugham v. Subbathal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Cross Objection SR.No.65984 of 2022 C.M.P.No.11986 of 2022 1.K.Arumugham 2.K.Krishna Gounder @ Krishnan ... Appellants Vs 1.Subbathal 2.Karunaiammal 3.Deivathal (Died) 4.Ponmani @ Ponnammal @ Ponnathal (Died) 5.Minor Abiram 6.Minor Kavindran (both minors are represented by their Chithi Vasanthi, Jamin Kaliapuram, Pollachi) 7.Nataraj 8.Sakunthala Mani 9.Parvathi 10.Selvi ... Respondents (R3 died, RR5 and 6 are brought on record as LRs of the R3 (Deivathal) vide Court order dated 07.07.2022 made in C.M.P.No.18922 of 2021 in A.S.No.40 of 2013 and R4 died, RR7 to 10 are brought on record as LRs of the R4 (Ponmani @ Ponnammal @ Ponnathal) vide Court order dated 07.07.2022 made in C.M.P.No.18924 of 2021 in A.S.No.40 of 2013) PRAYER: This First Appeal has been filed under Section 96 of the Civil Procedure Code, seeking to set aside the judgment and decree passed by the learned Additional District Judge and Fast Track Court No.IV, Coimbatore at Tiruppur dated 29.02.2012 passed in O.S.No.559 of 2010. 1/3

For Appellants : No appearance For Respondents : Mr.B.Kumarasamy for R1 R2 - Not ready in notice R3 & R4 died RR5 to 10 - Not ready in notice

ORDER

When the matter was taken up for hearing on previous occasions dated 18.07.2023 and 26.07.2023, there was no representation on behalf of the appellants and therefore the matter was directed to be listed on next date of hearing under the caption for "dismissal".

2.Even today, when the matter came up for hearing, there was no representation on behalf of the appellants. Hence, the above First appeal is dismissed for default. Consequently, connected application is also closed. 28.07.2023 Index :Yes/No Speaking order: Yes/ No Neutral Citaion: Yes/ No K.KUMARESH BABU,J.

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gba Cross Objection SR.No.65984 of 2022 C.M.P.No.11986 of 2022 28.07.2023 3/3