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Madras High CourtSA(MD)/220/2007dismissed for default

M.Sivakalai v. Chettige Estate

2024-04-26Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Sivakalai ...Appellant -Vs1.Chettige Estate, A partnership Firm Having Office at Chettige Village Gandahalli Post, Belur Taluk, Hassan District, Karnataka State thro' its Managing Partner, T.Arunachalam S/o.Thanneermalai Chettiar aged about 35 years 68, Thiagarajan Chettiar Street, Sekkalai, Karaikudi-630 002.

Sivaganga District.

2.T.Arunachalam 3.T.Meenakshi Achi ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.9 of 2006 dated 1/4

21.08.2006 on the file of the Sub Court, Devakkottai, reversing the judgment and decree passed in O.S.No.119 of 2004, dated 30.08.2005, on the file of the Additional District Munsif, Karaikudi.

For Appellant : No appearance For R1 : Mr.S.Madhavan For R2 & R3 : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 24.04.2024, the learned counsel for the appellant submitted that the appellant had received the papers along with consent for change of vakalat and made an endorsement to that effect in the Court bundle. Recording the same, the Registry was directed to remove the name of the learned counsel for the appellant and list the matter today (i.e.,) 26.04.2024 under the caption 'for dismissal' by printing the name of the appellant.

2. Today, the second appeal is listed under the caption 'for dismissal' by 2/4

printing the name of the appellant. There is no representation for the appellant. Hence, the Second Appeal is dismissed for default. However, there shall be no order as to costs.

26.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Subordinate Judge, Devakkottai.

2.The Additional District Munsif, Karaikudi.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

S.SOUNTHAR , J.

3/4

cp 26.04.2024 4/4