Madras High CourtSA/1032/2008dismissed for default

K.Shanmugam v. Chinnathayee

2021-07-19Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA S.A.No.1032 of 2008

1. K.Shanmugam

2. K.Manickavel ... Appellants/Plaintiff Vs

1. Chinnathayee

2. Ramakrishnan

3. Ganesan

4. Kamala

5. Valli

6. Vasantha

7. Savithiri

8. Sivabakkiam

9. Pushpa 10.Sampoornam 11.Lakshmi 12.Shanthi 13.Vimala 14.Moorthy 15.Chinnaponnu 16.Kathirvel 17.Manimekalai 18.Eswari 19.Alamelu 20.Durairaj 21.Rajamani 22.Srinivasan 23.Lakshminarayanan 24.A.Sundarammal 25.A.Ramachandran 26.A.Ramalingam 27.A.Kumar 28.Mallika @ Mallikeswari 29.Jaya @ Jayalakshmi 30.Rajammal 31.Suseela 32.Saroja 33.Meenakshi 34.Venkataraman 35.Vijayalakshmi 36.Maheswari ... Respondents/Defendants https://hcservices.ecourts.gov.in/hcservices/

PRAYER : Second Appeal is filed under Section 100 of code of Civil Procedure praying against the judgment and decree dated 07.02.2008 in A.S.No.55 of 2007, passed by the Principal Subordinate Judge, Salem, confirming the judgment and decree dated 24.11.2006 in O.S.No.1548 of 2004 passed by the II Additional District Munsif Court, Salem.

For Appellants : No Appearance For Respondents : Mr.T.Sezhian for R2&R3 Mr.R.Asokan for R15,17,18 to 23 No appearance for R5, 6 to 14, 16, 24 to 37 Not Ready in Notice Respondents 4 & 7,

J U D G M E N T

The counsel who was earlier appearing on behalf of the appellant had filed a memo dated 09.07.2021 stating that his clients viz., the Appellants herein, had taken back the case bundle with the change of vakalat. However, they have not to date entered appearance through another counsel. The matter being listed continuously from 03.06.2021, 25.06.2021 and 13.07.2021 and the matter was directed to be listed today showing the names of the appellants in the cause list.

2. Considering the fact that the appellants have not chosen to defend the appeal and they have not engaged any counsel on their behalf. This Second Appeal is dismissed for default. No order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kal To

1. The Principal Subordinate Judge, Salem.

2. The II Additional District Munsif Court, Salem.

+1cc to Mr.R.Meenal, Advocate, S.R.No.34489 S.A.No.1032 of 2008 BS(CO) HS(24/08/2021) https://hcservices.ecourts.gov.in/hcservices/