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Madras High CourtSA/1008/2009dismissed for default

Jeyaraman v. Subathrai

2020-10-12Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.10.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN SECOND APPEAL NO.1008 OF 2009 & M.P.NO.1 OF 2009 Jeyaraman .. Appellant/ Appellant/1st Defendant /versus/ 1.Subathrai 2.kaikeyee 3.Vedhavalli 4.Pasupathi 5.Jayalakshmi 6.Amudhavalli 7.Venkateshan .. Respondents 1 to 7/ Respondents 1 to 7/ Plaintiffs 3 to 9 8.Karuppaiyan 9.Kandasamy 10.Pappu Moopanar 11.Devanai Ammal .. Respondents 8 to 11/ Respondents 8 to 11/ Defendants 2, 3, 5 & 6 Prayer:

Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 17.11.2008 made in A.S.No.31 of 2008 on the file of the Additional District Court/Fast Track Judge of Ariyalur confirming the judgment and decree dated 28.07.2003 made in O.S.No.39 of 1996 on the file of the Principal District Munsif of Ariyalur. (Pauper O.P.No.45 of 1985).

For Appellant :Mr.N.Manokaran For Respondents:Mr.M.V.Krishnan for R1 to R6 No appearance for R7 to R11 ------ https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(The case has been heard through video conference) The matter was under consideration by this Court for the past two months. The learned counsel appearing for respondents 1 to 6 reported that the parties have arrived at settlement. However, the learned counsel appearing for the appellant could not ascertain the fact. Today, a memo has been filed by the learned counsel appearing for the appellant, which reads as below:

"It is humbly submitted that the above Second Appeal was entrusted by R.Gokulakrishnan, Advocate to N.Manokaran, Advocate.

Later, R.Gokulakrishnan, Advocate became independent and he has followed up the appeal till this date. Whileso, the appellant has informed R.Gokulakrishnan, Advocate that the matter has been settled between the parties, but he has not turned up for filing memo to that effect. In fact, several remainders were sent to the appellant through his counterpart at trial Court. Hence, R.Gokulakrishnan, Advocate has instructed N.Manokaran, Advocate to report "No instruction". It is therefore, prayed that the Hon'ble Court may be pleased to accept this memo and record "No Instruction" from the appellant and thus render justice."

2.Recording the same, this second appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ari To:

1.

The Additional District Judge/Fast Track Court Ariyalur.

2.

The Principal District Munsif, Ariyalur.

S.A.No.1008 of 2009 and M.P.No.1 of 2009 GJ(CO) CS/04/11/2020 https://hcservices.ecourts.gov.in/hcservices/