Perumal @ Devanatha Padayach v. Saradhambal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN S.A.Nos.2322 of 2003 & 2225 of 2004 and C.M.P.No.19684 of 2004 in S.A.No.2225/2004

1. Perumal @ Devanatha Padayachi (died) 2.D.Indirani 3.D.Muthukumarasamy 4.T.Muthulakshmi 5.K.Sitalakshmi 6.D.Palanisamy ...Appellants in all the appeals Vs.

1.Saradhambal 2.Loganathan (died) 3.Arumugam 4.Elumalai 5.Balaguru 6.Karthikeyan

...Respondents in all the appelas

RR 5 and 6 brought on record as Lrs of the deceased R2 viz., Loganathan and R1 are recorded as legal heirs of the deceased R2 viz., Loganathan vide order of court dated 11.04.2019 made in CMP Nos.92 and 93 of 2015 in S.A.No.2322/2003 and CMP Nos.94 and 95 of 2015 in S.A.No.2225/2004.

Prayer in S.A.No.2322 of 2003 Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.07.2002 in A.S.No.64 of 2002 on the file of the Additional District Judge, Cuddalore, concurring the judgement and decree dated 24.08.2000 in O.S.No.425 of 1998 on the file of the Principal District Munsif, Cuddalore.

Prayer in S.A.No.2225 of 2004 Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 12.01.2004 in A.S.No.28 of 2003 on the file of the I Additional Sub Court, Cuddalore, reversing the judgement and decree dated 17.12.2002 in O.S.No.330 of 1999 on the file of the Additional District Munsif Court, Cuddalore.

For Appellants : No appearance https://hcservices.ecourts.gov.in/hcservices/

For Respondents : Mr.R.Gururaj for R1, R3 and R4 R5 & R6 - Not ready in notice COMMON JUDGMENT In this matter, counsel for the appellants had informed that the appellants had already obtained the change of vakalat in the year 2018 itself and also received the papers back and made an endorsement to that effect.

2. In the light of the above position, the appellants being called and remaining absent, the registry was directed to list the matter on 25.04.2019 under the caption "for dismissal" by printing the name of the appellants in the cause list.

3. Today, when the matter is called, there is no representation for the appellants. Appellants called. Absent. Counsel for the respondents present.

4. In view of the above, both the Second Appeals are dismissed for non prosecution with costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bga Copy to

1. Additional District Court, Cuddalore,

2. Principal District Munsif Court, Cuddalore.

3. I Additional Sub Court, Cuddalore

4. Additional District Munsif Court, Cuddalore.

5. The Section Officer, V.R. Section, High Court, Madras S.A.Nos.2322 of 2003 & A.SK(11/06/2019) https://hcservices.ecourts.gov.in/hcservices/