← Library
Madras High CourtSA/1495/2003dismissed for default

Ayee Gounder, v. Marappa Gounder(Died)

2023-01-04Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA.J

1. Ayee Gounder (Died)

2. Nallammal

3. Bavayi

4. Kamalam

5. Dinesh [Appellants 4 and 5 brought on record as LRs of the deceased 1st appellant, Viz., Ayee Gounder, vide order of Court dated 04.12.2019 made in C.M.P.No.14150, 14153 and 14156 of 2019 in S.A.No.1495 of 2003] .. Appellants -Vs.- Marappa Gounder (Died)

2. Perumaye

3. R.Pavayee

4. Thangamani

5. Karthi

6. Kumar

7. Rasammal [Respondents 2 to 7 brought on record as LRs of the deceased sole respondent, viz., Marappa Gounder vide order of Court dated 04.12.2019 made in C.M.P.Nos.22389 and 22390 of 2019 in S.A.No.1495 of 2003] .. Respondents 1/4

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure Code against the judgment and decree dated 09.07.2008 made in A.S.No.12 of 2002 on the file of the Subordinate Judge, Sankari, reversing the judgment and decree dated 31.07.2002 and made in O.S.No.201 of 1997 on the file of the District Munsif Court, Sankari. For appellant-1 ... Died For Appellants 2 to 5 ... Served-No Appearance For Respondent-1... Died For Respondents 2 to 7 .... Mr.S.Shivashanmugam Amicus Curiae, Vide order dated 29.06.2022

JUDGMENT

On the last occasion, a Memo dated 15.12.2022 was filed by the erstwhile counsel for the appellants that his clients are not co-operating in conducting the appeal and that they are reporting "No instructions". The learned counsel had also informed the parties that the matter was listed on the said date. To date, no steps have been taken by the appellants to be represented before this Court. Today, when the matter is called, there is no representation on behalf of the appellants, inspite of their names being 2/4

printed in the cause list. Therefore, this Second Appeal is dismissed as default. No costs.

04.01.2023 srn To

1. The Subordinate Judge, Sankari,

2. The District Munsif Court, Sankari.

3. The Section Officer, V.R.Section, High Court, Madras 3/4

P.T.ASHA.J., srn 04.01.2023 4/4