Madras High CourtSA/609/2001dismissed for default

Ramapadayatchi v. Sekar

2018-02-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.609 of 2001 and C.M.P.No.6284 of 2001

1. Ramapadayatchi @ Saviyan

2. Mannangatti Padayatchi ... Appellants / Defendants 1 and 2 Vs.

1. Sekar

2. Arunachalam

3. Shanthi

4. Padma ... Respondents 1 to 4 / Plaintiffs 1 to 4

5. Ganapathy Padayatchi ... 5th respondent / 3rd defendant Prayer:

Second Appeal filed under Section 100 of C.P.C. against the Judgment and Decree dated 26.07.2000 made in A.S.No.165 of 1998 on the file of Principal District Judge, Villupuram, in reversing the well considered Judgment and Decree dated 21.09.1998 made in O.S.No.321 of 1995, on the file of the Principal District Munsif, Ulundurpet.

For Appellant : Mr.V.Raghavachari For Respondents: No appearance

JUDGMENT

The learned counsel appearing for the appellants, today, filed a memo before this Court, stating that it was represented by the learned counsel for the respondents that some of the respondents died and he did not furnish the particulars of legal heirs of the deceased respondents for the purpose of impleading them as parties in the second appeal. He personally sent registered letter to the appellants separately, asking them about the particulars of legal heirs of the deceased respondents for filing necessary petitions. However, the same was returned with an endorsement as "refused". Hence, the learned counsel reported "no instructions".

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

2. In the light of the above statement made by the learned counsel for the appellants, the second appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar ogy To

1. The Principal District Judge, Villupuram,

2. The Principal District Munsif, Ulundurpet.

3. The Section officer VR Section, High Court, Madras(2 Copies) +1 CC to Mr.V. Raghavachari, Advocate sr 11977. S.A.No.609 of 2001 and C.M.P.No.6284 of 2001 KK(CO) SP(09/04/2018) https://hcservices.ecourts.gov.in/hcservices/