Madras High CourtAS/43/2010dismissed for default

S.Saraswathy (Deceased) v. C.Muthuammal

2021-01-11Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:11.01.2021

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN A.S.No.43 of 2010 1.S.Saraswathy(deceased) 2.Subramaniam 3.Sivakama Sundari 4.Vijayalakshmi 5.Sudha (appellants 2 to 5 brought on record as LRS of deceased sole appellant vide order of Court dated 13.10.2011 made in M.P.No.1/2011 in A.S.No.43 of 2010) .. Appellants/Plaintiff LRS of Plaintiff /versus/ 1.C.Muthu Ammal 2.C.Subramaniam 3.C.Chandrasekhar 4.S.Dhanalakshmi .. Respondents/Defendant Prayer:

Appeal Suit has been filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 14.12.2008 made in O.S.No.74 of 2006 on the file of the Additional District Judge, Fast Track Court No.2, Salem. For Appellants : No appearance For Respondents : Mr.P.Jagadeesan for R1,R3,R4 Mr.Vivek for Mr.Senthil for R2 J U D G E M E N T (The case has been heard through video conferencing) When the matter was listed on 16.12.2020, according to the representation made by the learned counsel appearing for the appellants, this Court has passed the following order:- "The learned counsel appearing for the respondents 1,3 and 4 submitted that the counsel on record for the appellants has informed him about the change of vakalat the parties intend to file. It is further submitted that the counsel has decided to hand over the papers, so, that the appellants can engage some other counsel for filing change of vakalat.

https://hcservices.ecourts.gov.in/hcservices/

2.Registry is directed to print the name of the appellants in the cause list along with the present counsel Mr.T.Dhanasekaran.

Post the matter after two weeks."

2.Today, when the matter was listed for hearing, there is no representation for the appellants. The learned counsels appearing for respondents 1,2,3 and 4 are present. Since there is no representation for the appellants, this Appeal Suit is dismissed for default. No order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ari To

1. The Additional District Judge, Fast Track Court No.2, Salem.

Copy to The Section Officer, VR Section, Highcourt, Madurai-104.

+1cc to Mr.S. SENTHIL, Advocate, S.R.No.1681 SV(CO) SM (10/02/2021) A.S.No.43 of 2010 https://hcservices.ecourts.gov.in/hcservices/