Nanjammal v. Puspavathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :10.01.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Second Appeal No.85 of 2004 1.Nanjammal 2.K.N.Panneerselvam 3.Poongothai 4.Sorkavathi 5.Parani @ K.N.Ganesh .. Appellants/Plaintiffs 1 to 5 /versus/ 1.Puspavathi 2.Anbazhagan 3.Tahsildar Taluk Office Sathiyamangalam 4.Kokila 5.Minor Vinod Kumar rep.by Guardian his mother Kokila .. Respondents/Defendant 1,2, 4 to 6 Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 19.02.2002 and made in A.S.No.39 of 2000 on the file of the II Additional Subordinate Court, Gobichettipalayam confirming the judgment and decree dated 31.3.2000 and made in O.S.No.149/94 on the file of District Munsif Court, Sathiyamangalam. For Appellants :Mr.T.R.Rajaraman For Respondents :No appearance https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

Records perused.

2. Notice to the second respondent was not served despite Court notice returned as early as 28.6.2004 with an endorsement "died". The appellants have not taken any steps to bring legal heirs of the deceased second respondent. Today when the matter is listed for final disposal, learned counsel appearing for the appellants has filed a memo reporting "no instruction".

3. Recording the same, the Second Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar ari To 1.The II Additional Subordinate Judge, Gobichettipalayam. 2.The District Munsif Court, Sathiyamangalam. Copy To The Section Officer, VR Section, High Court, Madras. S.A.No.85 of 2004 MP(CO) GMY(12/02/2019) https://hcservices.ecourts.gov.in/hcservices/