Madras High CourtSA(MD)/273/2007dismissed for default

Seenivasan v. Ayyavu(Died)

2024-04-08Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.273 of 2007 Seenivasan ...Appellant -Vs1.Ayyavu (died 2.Ponnammal 3.Akilandam 4.Rasamani 5.Murugesan 6.Suguna (Respondents 2 to 6 are brought on records as LRs of the deceased sole respondent vide order of Court dated 28.07.2008 made in M.P(MD) No.1 of 2008) ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment passed in A.S.No.8 of 2002 dated 1/4

27.11.2003 on the file of the Additional District Court/Fast Track Court, No.2, Pattukkottai, confirming the decree and judgment passed in O.S.No.110 of 1995 dated 25.08.2001 on the file of the District Munsif Court, Pattukottai. For Appellant : No appearance For R2 to R6 : Mr.D.R.Murugesan S.A(MD)No.274 of 2007 Seenivasan ...Appellant -Vs1.Annamalai 2.Jothi ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment passed in A.S.No.7 of 2002 dated 27.11.2003 on the file of the Additional District Court/Fast Track Court No.2, Pattukkottai, confirming the decree and judgment passed in O.S.No.111 of 1995 dated 25.09.2001 on the file of the District Munsif Court, Pattukottai. For Appellant : No appearance For R2 : Mr.S.Kumar for Mr.Uma Ramanathan 2/4

COMMON JUDGMENT When the second appeals were taken up for hearing on 05.04.2024, there was no representation for the appellant during first call as well as second call. Therefore, in order to give an opportunity to the appellant, Registry was directed to list the matter today (i.e.,) 08.04.2024 under the caption 'for dismissal'.

2. Even today, there is no representation for the appellant. Hence, these Second Appeals are dismissed for default. No costs. 08.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Additional District Court/Fast Track Court No.2, Pattukkottai.

2. The District Munsif, Pattukottai.

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

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S.SOUNTHAR , J.

cp 08.04.2024 4/4