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Madras High CourtSA/384/2019dismissed for default

Ramasamy (Deceased) v. Moorthy

2024-08-21Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2024

CORAM:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL and CMP.No.8614 of 2019 Ramasamy (Deceased) 1.Mariyammal 2.G.K.Muthusamy 3.G.K.Kandhasamy 4.Chinnasamy @ Pechiyanna Gounder 5.Periyasamy @ Rakkiyanna Gounder 6.Karuppayal 7.G.P.Ayyachami 8.G.P.Arumugam 9.G.P.Ramasamy 10.Prakash 11.Manimegalai 12.K.Ramachandran 13.N.Nainakk Gounder ...Appellant Vs.

Moorthy

...Respondent

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree passed in A.S.No.6 of 2018 dated 04.06.2018 on the file of the Sub Court, Gobichettipalayam reversing the judgment and decree made in O.S.No.95 of 2010 dated 08.12.2017 on the file of the District Munsif Court, Gobichettipalayam. 1/4

For Appellants : Mr.Guru Nandhan for M/s.P.R.Balasubramanian For Respondent : Ms.R.Meenal

JUDGMENT

Mr.Guru Nandhan representing Mr.P.R.Balasubramanian, learned counsel on record for the appellants and Ms.R.Meenal, learned counsel for the sole respondent are before this Court.

2. This Court has perused the case file.

3. When the matter came up for hearing before this Court on 07.08.2024 and 12.08.2024, this Court observed as follows:- 07.08.2024:- " Learned counsel for the appellants and the learned counsel for the respondent are present.

At request of the learned counsel for the appellants, this Second Appeal is adjourned to 12.08.2024" 12.08.2024:- " Both sides present.

2. Learned counsel for the appellants is not ready to argue the matter today.

3. At request of the learned counsel for the appellants, this Second Appeal is adjourned to 19.08.2024."

4. Today, the learned counsel for the appellants submits that he is not 2/4

ready to argue the matter. Sufficient opportunities were given to the appellants to proceed with the second appeal. Despite sufficient opportunities given, the appellants are not ready to argue the matter today also. Hence, this second appeal is dismissed for default, and the appellants shall pay the cost to the respondent. Consequently, connected civil miscellaneous petition is closed.

21.08.2024 Index :

Yes/No :

Yes/No Speaking Order :

Yes/No NST To

1. The Subordinate Court, Gobichettipalayam.

2. The District Munsif Court, Gobichettipalayam. R.SAKTHIVEL, J.

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NST and CMP.No.8614 of 2019 21.08.2024 4/4