Tmt.Sivabakiam Nachiar v. Thiru.Ramalingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sivabakiam Nachiar ...Appellants -Vs1.Ramalingam 2.Kadambu (died) 3.Lakshmi Ammal 4.Vellusamy 5.Soundarapandian 6.Subramanian 7.Rathnam 8.Selvi ... Respondents (Respondents 7 & 8 brought on record as LRs of the deceased second respondent as per order of Court dated 25.04.2001 in C.M.P.No.7276 of 2001) 1/4

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the decree and judgment dated 20.12.1994 made in A.S.No.01 of 1995 on the file of the learned District Judge, Ramanathapuram, confirming the decree and judgment dated 19.11.1993 made in O.S.No.132 of 1986 on the file of the learned District Munsif, Ramanathapuram. For Appellants : No appearance For R1, R4 & R5 : No appearance

JUDGMENT

It appears from the records that as per the order dated 09.07.2018, the second appeal was already dismissed as against the respondents 3 and 6 to 8 for failure of the appellant to take steps/file batta for serving the concerned respondents.

2. When the second appeal was taken up for hearing on 04.04.2024, there was no representation for the appellant. 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'. 2/4

3. Today, when the second appeal is listed under the caption 'for dismissal', there is no representation for the appellant. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. 08.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The District Judge, Ramanathapuram.

2. The District Munsif, Ramanathapuram.

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