Muthumumarasamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A. (MD) No.1097 of 2009 1.Muthukumarasamy 2.Vellaiyappan 3.Sundaram Muthupetchi Ammal (died) 4.Sankaranarayana Ramasamy 5.Subbulakshmi Ammal 6.Sundara Ramalakshmi 7.Muthusamy Pillai ... Appellants -vsThe Commissioner, Panchayat Union, Srivaikundam ... Respondent PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 30.12.2008, passed in

A.S.No.147 of 2007 on the file of Subordinate Judge, Tuticorin, confirming the judgment and decree, dated 13.09.2007, passed in O.S.No.325 of 2004 on the file of District Munsif, Srivaikundam.

For Appellants :

No appearance For Respondent : No appearance

JUDGMENT

When the Second Appeal was taken up for hearing on 05.07.2024, there was no representation for the appellants. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter on 12.07.2024.

2. On 12.07.2024, the learned counsel for the appellants appeared before the Court and submitted that the appellants 1 and 5 were no more. Hence, at his request, the matter was adjourned to 23.07.2024 for taking steps. On 23.07.2024, the learned counsel for the appellants appeared before the Court and requested for further time. Hence, at his request, the matter was adjourned to today, with a direction to the Registry to list the matter under the caption ''for orders''.

3. Today, when the matter is listed under the caption ''for orders'', there is no representation for the appellants during first call as well as second call.

4. 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.Subordinate Judge, Tuticorin.

2.District Munsif, Srivaikundam.

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

S.SOUNTHAR, J.

dixit 02.08.2024