P Dhanakottiammal v. N Kaliamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2016 C O R A M THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN S.A.No.438 of 1993 P.Dhanakoti Ammal ..

Appellant/Plaintiff

Versus

1. N.Kaliamoorthy

2. C.Ramanujam (died)

3. V.Sannasi

4. K.Balamuthu

5. Yasodha

6. Kamaraj

7. Nedumaran .. Respondents/D1 to D4 and Lrs. Of Deceased D2 R5 to 7 are brought on record as LRs of the deceased R2. vide order dated 03.01.2013 made in CMP.Nos.8039 to 8041 of 1994 in SA No.438 of 1993.

Appeal filed under Section 100 of Civil Procedure Code of the Limitation Act against the Judgment and decreetal order dated 19.12.1990 made in A.S.No.50 of 1990 on the file of the Court of the Subordinate Judge of Cuddalore, reversing the judgment and decreetal order dated 27.09.1985 made in O.S.No.2291 of 1981 on the file of the Court of the District Munsif of Vridhachalam.

For Appellant ...

Mr.N.Maninarayanan For Respondents 1 to3 ...

No appearance R4 to R7 ... Disd.Vide order of court dt 19/08/15

JUDGMENT

Today, when the matter taken up for hearing, the counsel for the appellant represented that there is no instruction from his client and he further submitted that he had sent a registered post to the appellant in her residence address which was received by her. The counsel has also furnished the postal acknowledgment card along with the notice sent to the appellant. https://hcservices.ecourts.gov.in/hcservices/

2. Since there is no representation on behalf of the appellant as well as the respondents 1 and 3 to whom the notices have already been served, this Court has no other option but to dismiss the appeal for default. Accordingly this second appeal is dismissed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar dpq To

1. The Sub-Judge, cuddalore,

2. District Munsif, Virudhachalam S.A.No.438 of 1993 CP(CO) RVR 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/