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Madras High CourtSA/32/2018dismissed for default

Pazhanisamy(Died) v. Raja

2023-12-22Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.500 of 2018 1.Pazhanisamy (Died) 2.Banumathi 3.Manimegalai 4.P.Maragatham ... Appellants (A1-Died, A4 is impleaded as LR of the deceased A1 vide Court order dated 21.11.2023 made in CMP.No.2837 of 2022 in S.A.No.32 of 2018) vs.

1.Raja 2.Ravanan 3.Manimekalai ... Respondents PRAYER: Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the Judgment and Decree in A.S.No.7 of 2015 on the file 1/4

of the III Additional District Judge, Kallakurichi, dated 28.03.2017 in reversing the well considered judgment and decree in O.S.No.142 of 2008 on the file of the Subordinate Judge, Kallakurichi, dated 05.09.2013. For Appellants : No Appearance For Respondents : Mr.P.Valliappan Senior Advocate for M/s.S.M.S.Shriram Narayanan

O R D E R

When the second appeal was taken up for hearing on 20.12.2023, there was no representation for the appellants in the forenoon and afternoon. Therefore, in order to give an opportunity to the appellants, the Registry was directed to list the matter today (i.e., 22.12.2023) under the caption 'For Dismissal'. Even today, there is no representation for the appellants. Hence, the Second Appeal is dismissed for default. No costs. Consequently, the connected civil miscellaneous petition is closed. 22.12.2023 Index : Yes/No Speaking order : Yes/No : Yes/No dm 2/4

To 1.The III Additional District Judge, Kallakurichi.

2.The Subordinate Judge, Kallakurichi.

3/4

S.SOUNTHAR, J.

dm 22.12.2023 4/4