Veerappan S/O. Malaiyalathan v. Krishnamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.01.2024

CORAM:

THE HONOURABLE Mr.JUSTICE M.SUNDAR Ranganatha Gounder (Deceased)

1. Veerappan

2. Elumalai

3. Rajaram ... Appellants Vs.

Chinnasamy (Died) 1.Krishnamurthy 2.Anandaraj ... Respondents Second Appeal has been filed under Section 100 of Code of Civil Procedure, 1908 against the judgment and decree dated 24.07.2006 made in A.S.No.17 of 2000 on the file of the Principal Subordinate Judge, at Tindivanam reversing the judgment and decree dated 19.01.2000 made in O.S.No.276 of 1995 on the file of District Munsiff-Cum-Judicial Magistrate at Vanur.

For Appellants : No Appearance For Respondents : Ms.H.Kavitha for Mr.S.Kaithamalai Kumaran *** 1/6

J U D G M E N T

Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 22.01.2024, which reads as follows:

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2. Pursuant to aforementioned 22.01.2024 proceedings, captioned matter is listed under the cause list caption 'FOR DISMISSAL'. The position is no different today. In other words, there is no representation for the appellants. To be noted, this is the fourth consecutive listing where there is 4/6

no representation for appellants but Ms.H.Kavitha, learned counsel from the office of Mr.S.Kaithamalai Kumaran for respondents is before this Court and learned counsel is ready.

3. In the light of the narrative thus far, taking recourse to Order XLI Rule 17 of 'The Code of Civil Procedure, 1908' ('CPC' for the sake of brevity), captioned Second Appeal is dismissed for appellants' default. There shall be no order as to costs.

23.01.2024 Index: Yes/No Speaking order: Yes/No NCC : Yes/No kmi To

1. The Principal Subordinate Judge, Tindivanam.

2. The District Munsif-cum-Judicial Magistrate, Vanur.

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M.SUNDAR, J kmi 23.01.2024 6/6