Sumathi, W/O.Venugopal, Kolla v. Sellaperumal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A. (MD) No.1187 of 2008 Sumathi, rep.by her General Power Agent Duraisamy Odayar ... Appellant -vs1.Sellaperumal 2.Rajalakshmi (died) 3.Ramachandran 4.Manivannan ... Respondents PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 17.09.2007, passed in A.S.No.31 of 2006 on the file of Principal Subordinate Judge, Kumbakonam, confirming the judgment and decree, dated 08.09.2005, passed in O.S.No.338 of 2003 on the file of I Additional District Munsif, Kumbakonam.

For Appellant :

No appearance For Respondents 1, 2 & 4 : No appearance Respondent No.3 : Dismissed

JUDGMENT

When the Second Appeal was taken up for hearing on 25.07.2024, there was no representation for the appellant. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the matter on 01.08.2024. On 01.08.2024, when the matter was taken up for hearing, again there was no representation for the appellant. Hence, the Registry was directed to list the matter under the caption ''for dismissal'' today.

2. Even today, when the matter is listed under the caption ''for dismissal'', during the first call, the learned counsel for the appellant appeared and submitted that he was not ready to get along with the matter. His request for adjournment was rejected and the matter was passed over to enable the learned counsel to address the Court on the merits of the case. During the second call, there is no representation for the appellant.

3. Hence, the Second Appeal is dismissed for default, No costs. 02.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.Principal Subordinate Judge, Kumbakonam.

2.I Additional District Munsif, Kumbakonam.

3.Section Officer, V.R. Section, Madurai Bench of Madras High Court.

S.SOUNTHAR, J.

dixit 02.08.2024