Madras High CourtCMA(MD)/832/2011dismissed for default

Anil Kumar Daga v. P.Saraswathi

2024-02-09Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.02.2024

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL 1.Anil Kumar Daga 2.Srigopal Jhaver 3.Kirti Kumar Baheti ... Plaintiffs/Petitioners/ Appellants Vs.

1.P.Saraswathi 2.N.Ponnusamy 3.K.Krishnamurthy 4.M.Nachiumuthu Gounder 5.M.Subramani Gounder 6.P.Murugesan 7.P.Mariappa Gounder 8.P.Periyasamy (Since Died) 9.Pongia Gounder (Died) 10.P.Palaniappan (Died) 1/4

11.S.Chinnasamy ... Defendants/Respondents Respondents Prayer : This Civil Miscellaneous Appeal filed under Section 104(1)(i) r/w Order XLIII, Rule 1(c) of Civil Procedure Code, against the fair and decreetal order, dated 06.04.2011 made by the Additional District Judge, Fast Tract Court at Dindigul rejecting I.A.No.40 of 2011 in O.S.No.46 of 2007 filed by the Appellants / Plaintiffs under Order 9 Rule 9 of CPC. For Appellants : Mr.M.Rajaraman for Mr.R.Parthiban For R-1, R-3 R-4, R-5 & R-11 : No appearance R-2, R-8 to R-10 : Died R-6 & R-7 : Dismissed for default

JUDGMENT

When the matter is taken up for hearing today, the learned Counsel appearing for the appellant filed a Memo on 09.02.2024 reported that "No instruction" from the appellants in spite of repeated reminders. Already this case was posted for taking steps for the deceased second appellant. 2/4

Hence, this Civil Miscellaneous Appeal stands dismissed for default. There shall be no order as to costs.

09.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Additional District Judge, Fast Tract Court, Dindigul.

2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL , J.

BTR 09.02.2024 4/4