Rathinam v. Sivabakkiam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.No. 1039 of 2008 Rathinam ...Appellant/1st Respondent/Plaintiff ..Vs..

1. Sivabakkiam

2. Kothandaraman

3. Lakshmi Priya

4. Nithya

5. Praseetha

6. Pushpa @ Pushparani

...Respondents 1 to 6/Appellants 1 to 6/Defendants 1 to 6

7. Gangayammal @ Rangammal @ Ponniammal

8. Krishnasamy

...Respondents 7&8/Appellants 6&7/Defendants 14&16

9. Jothi

10. Rajasekhar

11. Suguna

12. Desigamani

13. Amaravathi

14. Sathiskumar

...Respondents 9 to 14/Respondents 2 to 7/Defendants 7 to 2

15. Subadra

...Respondent 15/8th Respondent/13th Defendant

16. Rukmani

17. Ramakrishnan

18. Rani

...Respondents 16 to 18/ Respondents 10 to 12 /

Defendants 17 to 19

19. P.G.Sundararaj

20. Kalaiselvi

21. Umapathy

22. Karuna @ Kanthimathi ... Respondents 19 to 22/Respondents 13 to 16

PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 22.11.2007 passed in A.S. No.19 of 2007 on the file of Additional District Judge - Fast Track Court No.4, Bhavani, reversing the decree and judgement dated 20.10.2004 in O.S.No. 533 of 2004 on the file of the II Additional District Munsif Court, Bhavani.

For Appellant :

No appearance For R6 & R8 :

Mr. Jagajothi for Mr.V.Balamurugane

JUDGMENT

When the second appeal came up for hearing on 27.04.2021, the learned counsel appearing for the appellant reported no instructions from the appellant and hence the Registry was directed to issue notice to the appellant and list the matter by printing the name of the appellant after serving notice to the appellant.

2. As directed by this Court, the notice was served on the appellant and the matter is listed today by printing the name of the appellant. Today also, i.e., 03.09.2021 there is no representation for the appellant. The learned counsel for the Respondents is present.

3. In view of the same, the Second Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bga To 1.The Additional District Judge - Fast Track Court No.4, Bhavani.

2.The II Additional District Munsif Court, Bhavani.

Copy to:

The Section Officer, V.R.Section, High Court, Madras.

S.A.No. 1039 of 2008 GJ (CO) PR (22/09/2021)