Perumal S/O. Dhanasu v. Murugan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE R. PONGIAPPAN S.A.Nos.290 and 291 of 2010 and M.P.Nos.1 and 1 of 2010 and C.R.P(NPD) No.2555 of 2010 1.Perumal 2.Selvaraj ..Appellants in both S.As. and in C.R.P.
Vs 1.Murugan 2.Ramadoss 3.Muthu 4.Chandrasekaran 5.Kathirvelu 6.Yesothammal 7.Devakiammal 8.Parimala 9.Saravanan 10.Sathishkumar ..Respondents in both S.As. and in C.R.P.
(Respondents 5 to 10 are not contesting parties. Therefore they are not necessary parties in the present C.R.P. and they are hereby given up) Prayer in both Second Appeals: The Second Appeals are filed under Section 100 of C.P.C. against the judgment and decree of the learned Principal Subordinate Judge of Chengalpattu dated 14.09.2009 in A.S.Nos.117 of 2006 and 83 of 2008, respectively, confirming the judgement and decree of the learned District Munsif cum Judicial Magistrate of Thirukazhukundram dated 23.11.2006 in O.S.Nos.76 and 75 of 2003, respectively.
Prayer in Civil Revision Petition: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal orders of the learned Principal Subordinate Judge of Chengalpattu dated 14.09.2009 in I.A.No.128 of 2009 in A.S.No.83 of 2008.
In both Second Appeals For Appellants : No appearance For Respondents-1 to 4 : Mr.K.Goviganesan For Respondents-5,6 & 9 :
No appearance For Respondents-7,8 & 10 :
Not ready in notice In Civil Revision Petition For Appellants : No appearance For Respondents-1 to 4 : Mr.K.Goviganesan For Respondents-5 to 10 :
Given up COMMON JUDGMENT On 09.12.2021, when these cases were came up for hearing, Mr.Vigneshwar (Enrl.No.1720/2014), learned counsel for the appellants/revision petitioners appeared before this and reported "No Instructions" from the appellants/revision petitioners. Hence, in view of the same after recording the said submission, this Court directed the Registry to print the name of the appellants/revision petitioners in the cause-list and to list these matters under the caption 'For Dismissal' on 23.12.2021. Accordingly, these cases were listed today under the caption 'For dismissal'.
2. Today, (i.e.23.12.2021), though the names of the appellants/revision petitioners are printed in the cause-list, there is no representation on behalf of the appellants/revision petitioners either in person or through counsel. The learned counsel appearing for the respondents 1 to 4 is present. Therefore, the non appearance of appellants/revision petitioners shows that they are not interested in proceeding with these second appeals and revision petition.
3. Hence, in view of the above, these Second Appeals are dismissed for default. Since the Second Appeals are dismissed for default, the Civil Revision Petition, which has been filed challenging the order passed in I.A.No.128 of 2009 in A.S.No.83 of 2008 is also dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar
rsi To 1.The Principal Subordinate Judge, Chengalpattu.
2.The District Munsif-cum-Judicial Magistrate Thirukazhukundram.
+1cc to Mr.V.Nicholas, Advocate SR. No.69408 +2ccs to Mr.K.Goviganesan, Advocate SR. Nos.69696 & 69698 S.A.Nos.290 and 291 of 2010 and M.P.Nos.1 and 1 of 2010 and C.R.P(NPD) No.2555 of 2010 NR (CO) PR (25/01/2022)