Madras High CourtSA(MD)/267/2007dismissed for default

Ramasamy (Died) v. Paramakudi Vaniya Uravinmurai

2020-02-03Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.267 of 2007 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.A.(MD)No.267 of 2007 1.Ramasamy (died) ... 1st Appellant / Appellant / Defendant 2.R.Prabhakaran ... 2nd Appellant (Appellant No.2 is brought on record as LR., of the deceased sole appellant vide order dated 27.07.2010 made in M.P.(MD)Nos.1 to 3 of 2010 in S.A.(MD)No.267 of 2007) Vs.

1.Paramakudi Vaniya Uravinmurai Pothu Sabai, Through its President Radhakrishnan, 8/174, A, East Pallivasal Street, Paramakudi.

2.Paramakudi Vaniya Uravinmurai Pothu Sabai, Through its Secretary, Jeyaraman, 8/174, A, East Pallivasal Street, Paramakudi.

... Respondents / Respondents / Plaintiffs PRAYER: This Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 03.11.2006, made in A.S.No.92 of 2004 on the file of the Sub Court, Paramakudi, confirming the judgment and decree dated 29.09.2004 made in O.S.No.330 of 1991 on the file of the District Munsif Court, Paramakudi.

For Appellants : Mr.G.Vishnu Raj For Respondents : Mr.A.Arumugam For M/s.Ajmal Associates

JUDGMENT

When the matter is posted under the caption "for orders", the learned counsel appearing for the appellants has filed change of vakalath. The conduct of the appellants changing their counsel when the matter is posted under the caption "for orders" indicates that this is the tactics adopted only to drag on the proceedings. Therefore, this Court is of the view that the appellants being the tenants suffered from the decree and intended to drag on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.267 of 2007 proceedings by changing the learned counsel and the learned counsel is also not ready in arguing the appeal. Hence, this Second Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) Myr To 1.The Subordinate Judge, Paramakudi.

2.The District Munsif, Paramakudi.

COPY TO:

The Section Officer, Vernacular Records,(2 COPIES) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-4619[F] dated 04/02/2020 ) S.A.(MD)No.267 of 2007 03.02.2020 MK (13.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2