V.Karunanidhi v. V.Manoharan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL AND CMP NO.2443 OF 2019 1.V.Karunanidhi 2.V.Kala 3.V.Kannagi 4.V.Palani ...

Appellants /Appellants / Defendants 1 to 4 Vs.

1.V.Manoharan 2.V.Sundaram ...

Respondents / Respondents / Plaintiffs PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, 1908, praying to set aside the judgment and decree dated 25.07.2017 of the learned XIX Additional Judge, Madras in A.S.No.350 of 2014 in so far as disallowing the appeal in respect of Item 3 property of the counter claim while confirming the judgment and decree dated 16.12.2013 passed by the I Assistant Judge, City Civil Court, Madras, in O.S.No.2737 of 2011, in respect of Item 3 property of the counter claim. For Appellants :

Ms.D.Hemavathy for M/s.Bijai Sundar K.

For Respondent-1 :

Served - No appearance For Respondent-2 :

Ms.J.Hemamalani

JUDGMENT

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When the matter was listed before this Court on 06.08.2024, there was no representation on behalf of the appellants and the matter was directed to be listed on 13.08.2024. Subsequently, when the matter was taken up for hearing on 13.08.2024, learned counsel for the appellants has submitted that 'she sent a letter to the appellants but no instructions received from the appellants'. This Court, with a view to give one more opportunity to both the parties, adjourned the appeal to be listed today. 2.Even today, Ms.D.Hemavathy, learned counsel representing Mr.K.Bijai Sundar, learned counsel on record for the appellants reported no instructions. In that effect, she has made an endorsement in the case file and a scanned reproduction of the same is as follows: 2/4

3.In view of the endorsement made, this Second Appeal is dismissed for default. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

28.08.2024 TK To 1.The XIX Additional Judge XIX Additional City Civil Court Chennai.

2.The I Assistant Judge I Assistant City Civil Court Chennai.

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R.SAKTHIVEL, J.

TK 28.08.2024 4/4