Madras High CourtSA(MD)/1138/2008dismissed for default

Chithiraisamy v. Sundara Thevar

2024-06-10Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.1138 OF 2008 and M.P(MD)No.1 of 2008 Chithiraisamy :Plaintiff/Appellant/Appellant .vs.

1.Sundara Thevar 2.Navakanda Thevar 3.Sarasammal :Defendants/Respondents/ Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.24 of 2005, dated 29.12.2005, on the file of the Principal District Court, Ramanathapuram confirming the judgment and decree made in O.S.No.3of 2002 dated 30.11.2004, on the file of the District-Mun sif-cum-Judicial Magistrate, Kamuthi.

For Appellant :No appearance For Respondents :Mr.S.Sivathilakar 1 and 2 For Respondent-3 :Mr.S.Ramesh

JUDGMENT

************* It is seen from the records that the Second Appeal was dismissed for default on 19.01.2010 for the non-appearance of the appellant and thereafter, it has been restored to file. 2.When the matter came for hearing on 07.06.2024, there was no representation for the appellant during the first and second call. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the matter under the Caption ''for dismissal'' today. Today, the matter is listed under the caption ''for dismissal''. Even today, there is no representation for the appellant. 3.Hence, the Second Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed. 10.06.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To 1.The Principal District Judge, Ramanathapuram.

2.The District Munsif-cum-Judicial Magistrate, Kamuthi.

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)No.1138 OF 2008 and M.P(MD)No.1 of 2008 10.06.2024