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Madras High CourtSA/776/2000dismissed for default

K.K.Arumugha Mudhaliar v. The Supdt Engr & 2 Others

2018-07-25Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM S.A.No. 776 of 2000 and C.M.P.Nos.161 & 162 of 2013 1.K.K.Arumuga Mudaliar(Died) Represented by his Power of Attorney K.A.Appasamy S/o.K.K.Arumuga Mudaliar, Kolathur Village, Mettur Taluk, Salem District.

2.Kandayammal 3.K.A.Marimuthu 4.K.A.Appasamy 5.K.A.Murugan 6.K.A.Balasubramanian 7.Palaniammal 8.K.A.Angappan (Appellants 2 to 8 brought on record as LRs of the deceased sole appellant vide Order of Court dated 07.03.2013 made in C.M.P.Nos.160 to 162/13 in S.A.No.776 of 2000.

...Appellants /Plaintiffs Vs 1.The Superintendening Engineer, Public Works Department, Dharmapuri-Salem Circle, Salem.

2.The Executive Engineer, Public Works Department, Dharmapuri.

3.State: Represented by the District Collector,Dharmapuri ...Respondents/Defendants PRAYER:Second Appeal filed under Section 100 of C.P.C, against the Decree and Judgment made in A.S.No.93/99 dated 09.02.2000 on the file of the Dharmapuri District Principal District Court at Krishnagiri, reversing the Decree and Judgment made in O.S.No.529/85 dated 25.01.1999 on the file of the District Munsif Court at Krishnagiri.

https://hcservices.ecourts.gov.in/hcservices/

For Appellants : Mr.V.Elangovan For Respondents : Mr.S.Jayanathan(CS) Government Advocate

JUDGMENT

The learned Counsel for the appellants reported no instructions. Originally one appellant has filed the above appeal. Subsequently he died and hence, his LRs have been impleaded as appellants 2 to 8. Thereafter, the appellants 2 to 4 also died. Already the appeal was dismissed as against the appellants 2 to 4 as abated.

2.In view of the endorsement made by the learned counsel for the appellants today, the remaining appellants 5 to 8 are called absent. Hence, the appeal is dismissed for default as against the appellants 5 to 8 also. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ggi

1. The Principal District Court, Krishnagiri.

2. The District Munsif Court, Krishnagiri.

+ 1 cc to Mr. the Government Pleader Sr.50036 S.A.No. 776 of 2000 and C.M.P.Nos.161 & 162 of 2013 GP(CO) EU(14/08/2018) https://hcservices.ecourts.gov.in/hcservices/