Susila Ammal v. 1.Vignarasu Gounder
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.11.2019
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM S.A.No.1724 of 1998 Susila Ammal ... Appellant Vs.
1.Vignarasu Gounder
2. Logambal
3. Kalidoss
4. Saraswathy Ammal
5. V.Velayudham
6. Anandamurthy
7. Ravi @ Ganesan
8. Chithra @ Vallinayagi
9. Revathy @ Virudhambal
10. Jayanthi @ Rajeswari
11. Uma @ Uma Maheswari
12. Malliga @ Annousia
13. Magi @ Natarajan
14. Vinayagam
15. Gokilam @ Kanniammal
16. Mangalam @ Pokkilai
17. Iyyanar 18.Veerabhadran (Cause-title accepted vide Order dated 24.11.1998 in CMP.No.17114/98 ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the learned II Additional District Judge, Pondicherry dated 20.03.1998 made in A.S.No.46 of 1994 confirming the Judgment and decree of the learned Additional District Munsif of Pondicherry dated 16.12.1974 made in O.S.No.600 of 1970.
For Appellant : No Appearance For Respondents : No Appearance 1/3
JUDGMENT
On 15.11.2019, this Court has passed the following order:
"Since the learned counsel who appeared for the appellant elevated as Hon'ble Judge of this Court, this Court by the Order dated 15.03.2018 has directed the Registry to send notice to the appellant. Subsequently, this court by the order dated 03.10.2019 also has directed the Registry to send notice to the appellant. Accordingly, notice was sent by registered post to the appellant. The said notice was returned as "no such addressee" .
In the appeal memorandum filed in the second appeal, the appellant's name alone mentioned, address has not been mentioned. The same appellant filed first appeal before Second Additional District Judge, Pondicherry in A.S.No.46 of 1994. In the decree passed in A.S.No.46 of 1994, the appellant's name and address has been given and only for that address, the postal notice has been sent. The said postal notice has been returned as "no such addressee". No other address is available. Hence, the Registry is directed to print the name of the appellant in the cause-list and post the matter on 22.11.2019 under the caption, "for dismissal"
Hence, the matter has been posted today under the caption, "for dismissal". No representation for the appellant. Appellant called absent. Hence, the second appeal is dismissed for default. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vv To 1.The II Additional District Judge, Pondicherry.
2/3
2. The Additional District Munsif, Pondicherry.
3. The Section Officer, VR Section, High Court, Madras.
S.A.No.1724 of 1998 bp(co) nr 25/02/2020 3/3