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Madras High CourtSA(MD)/589/2007dismissed for default

V.Rama Rao v. V.Sethu Rao

2024-06-04Honourable Mr Justice S. Sounthar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.589 of 2007 V.Rama Rao ... Appellant -VsV.Sethu Rao ... Respondent PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree in A.S.No.83 of 2004 dated 22.09.2005 on the file of the Subordinate Court at Uthamapalayam, modifying the judgment and decree in O.S.No.630 of 1984 dated 14.08.2001 on the file of the District Munsif, Uthamapalayam.

For Appellant : No appearance For Respondent : Mr.R.Subramanian

JUDGMENT

It is seen from the records that the Second Appeal was dismissed for default earlier on 31.10.2007 and thereafter, the case was restored to file on the application made by the appellant.

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2. When the Second Appeal was taken up for hearing on 17.04.2024, at request of the learned counsel for the appellant, the matter was adjourned to 03.06.2024 with direction to Registry to list the matter under the caption "for Orders". On 03.06.2024, there was no representation for the appellant. Hence, in order to give an opportunity to the appellant, Registry was directed to list the matter under the caption 'for dismissal' today.

3. Even today, there is no representation for the appellant. Hence, the Second Appeal stands dismissed for default. There shall be no order as to costs. 04.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TSG To 1.The Sub Court, Uthamapalayam.

2.The District Munsif, Uthamapalayam.

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

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S.SOUNTHAR , J.

TSG S.A(MD)No.589 of 2007 04.06.2024 3/3