Senthamathi v. Anbazhagan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL AND CMP NO.3342 OF 2020 1.Senthamathi 2.Anbu 3.Balamurugan ...

Appellants / Respondents 4 to 6 / Defendants 4 to 6

Versus

1.Anbazhagan ...

1st Respondent / Appellant / Plaintiff 2.Kalian 3.Periammal 4.Chinnapillai ...

Respondents 2 to 4 / Respondents 1 to 3 / Defendants 1 to 3 5.Ilayaraja 6.Alamelu W/o. Raja 7.Minor Sowmya D/o. Raja 8.Minor Chandru ...

Respondents 7 to 10 / S/o. Raja Respondents 7 to 10 / (Minors rep. by their Father and Defendants 7 to 10 Guardian Raja) Page No.1 of 4

PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, 1908 against the Judgment and Decree dated 08.07.2019 in A.S.No.78 of 2015 on the file of the Sub Court, Kallakurichi reversing the Judgment and Decree dated 17.03.2015 in O.S.No.373 of 2009 before the Principal District Munsif's Court, Kallakurichi.

For Appellants :

Ms.Nilaphar for M/s.R.Meenal For Respondents 1, 4 & 5:

Served - No appearance For Respondents 2, 6 & 7:

Unclaimed For Respondent 3 :

Not ready in notice

J U D G M E N T

When the matter came up before this Court on September 20, 2024, Ms.R.Meenal, learned counsel for the appellants reported 'no instructions'. To that effect, she has made an endorsement in the case file and a scanned reproduction of the same reads thus: 2.Today, Ms.Nilaphar, learned counsel representing Ms.R.Meenal, learned counsel on record for the appellants submitted that she Page No.2 of 4

has intimated the date of hearing to the appellants. To that effect, she has filed a Memo dated October 14, 2024 with the acknowledgment cards which shows that notices were served on the appellants. She has also made an endorsement to that effect in the case file and a scanned reproduction of the endorsement dated October 14, 2024 is as follows: 3.In view of the endorsement made by the learned counsel for the appellants on September 20, 2024 and October 14, 2024, this Second Appeal is dismissed for default. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

14.10.2024 Index : Yes / No Internet : Yes / No : Yes / No Speaking Order / Non-Speaking Order TK Page No.3 of 4

R.SAKTHIVEL, J.

TK To 1.The Sub Judge Sub Court Kallakurichi.

2.The Principal District Munsif Kallakurichi.

14.10.2024 Page No.4 of 4