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Madras High CourtSA/701/2002dismissed for default

Govindasamy Gounder(Died) v. Peria Thayammal

2018-10-31Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.Nos.701 & 702 of 2002 and C.M.P.Nos.5775 & 5776 of 2002 S.A.No.701of 2002 in 1.Govindasamy Gounder (Deceased) 2.Parvathiammal 3.G.Azhagesan 4.G.Kalaivanan 5.G.Selvi ... Appellants/1st Defendant (Appellants 2 to 5 brought on record as the LRs of the deceased sole appellant vide order of Court dated 31.01.2013 in C.M.P.Nos. 272 to 274 of 2010 in S.A.No.701 of 2002) ..Vs..

1.Periathayammal 2.Mallammal 3.Kasi Velu (Deceased) 4.Subramani 5.Elumalai 6.Arumugam 7.Selvi 8.Sarkkarai Gounder 9.Krishna Gounder 10.Rani 11.Ramesh 12.Sakthivel

...Respondents

(Respondents 10 to 12 brought on record as LRs of the deceased R3 vide order of Court dated 07.09.2018 in CMP.No.335 to 337 of 2010 in S.A.No.701 of 2002) S.A.No.702 of 2002 in 1.Govindasamy Gounder (Deceased) 2.Parvathiammal 3.G.Azhagesan 4.G.Kalaivanan

5.G.Selvi ... Appellants (Appellants 2 to 5 brought on record as the LRs of the deceased sole appellant vide order of Court dated 31.01.2013 in C.M.P.Nos. 332 to 334 of 2010 in S.A.No.702 of 2002) ..Vs..

1.Periathayammal 2.Mallammal 3.Kasi Velu (Deceased) 4.Subramani 5.Elumalai 6.Arumugam 7.Selvi 8.Rani 9.Ramesh 10.Sakthivel

...Respondents

(Respondents 8 to 10 brought on record as LRs of the deceased R3 vide order of Court dated 07.09.2018 in CMP.No.275 to 277 of 2010 in S.A.No.702 of 2002) PRAYER in S.A.No.701 of 2002: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 19.10.2001 in A.S.No.174 of 1999 on the file of the Principal District Judge, Tiruvannamalai, in reversing the common decree and judgment dated 20.07.1998 in O.S.No.648 of 1988 on the file of the Principal District Munsif, Tiruvannamalai. PRAYER in S.A.No.702 of 2002: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 19.10.2001 in A.S.No.173 of 1999 on the file of the Principal District Judge, Tiruvannamalai, in reversing the decree and judgment dated 20.07.1998 in O.S.No.510 of 1987 on the file of the Principal District Munsif, Tiruvannamalai. For Appellants in both S.As.

: M/s.M.Manohar for Mr. G.Rajan For Respondents in both S.As.

: M/s. Sarvabhauman Associates COMMON JUDGMENT When these second appeals came up for hearing on 30.10.2018, there was no representation for the appellants and hence, the matters were directed to be posted under the caption 'for dismissal' on 31.10.2018.

2. Today, i.e., 31.10.2018, Mr.M.Manohar, the learned counsel appearing for the appellants, again sought time for advancing his arguments. The appeals are of the year 2002 and perusal of the records shows that several adjournments have been granted and I do not find any reason to adjourn the case once again.

3. Therefore, the Second Appeals are dismissed for default. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar dna To 1.The Principal District Judge, Tiruvannamalai.

2.The Principal District Munsif, Tiruvannamalai.

3. The Section officer, VR Section, High Court, Madras 104.(2 copies) S.A.Nos.701 & 702 of 2002 and C.M.P.Nos.5775 & 5776 of 2002 KK(CO) SP(18/12/2018)