Chellamani, (Died) v. Chelladurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Chellamani (Died) ...1st Appellant/Appellant/1st Defendant 2.J.Annakili 3.T.Deivaarasi ...2nd & 3rd Appellants Vs.

1.Chelladurai 2.Kalanchiam 3.Arumugam 4.Thangaraj @ Maharaja 5.Chellakani

...Respondent Nos.1 to 5/Respondent

Nos.1 to 5 / Plaintiff Nos.1 to 5 6.Arumugachamy 7.Thangaraja

...Respondent Nos.6 & 7/Respondent

Nos.6 & 7 / Defendant Nos.2 & 3 (Appellants 2 and 3 are brought on record as LRs of the deceased sole appellant vide order dated 28.02.2013 made in C.M.P(MD)No.1 of 2012 in S.A(MD).No.328 of 2008 by BRJ) 1/4

PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree, dated 05.06.2007 in A.S.No.21 of 2006 on the file of the Principal Sub Court, Tenkasi, confirming the judgment and decree, dated 29.11.2005 made in O.S.No.403 of 2004 on the file of the Principal District Munsif Court, Tenkasi.

For Appellants : No Appearance For R1 - R5 : Mr.S.A.Ajmalkhan for M/s. Ajmal Associates For R6 - R7 : Mr.K.Guhan

JUDGMENT

When the matter was taken up for hearing on 02.02.2023, the learned counsel for the appellants filed a memo stating that he already handed over the papers to the appellants. After recording the memo, this Court directed the Registry to delete the name of the counsel for the appellants and print the name of the appellants.

2. Today i.e on 15.02.2023 the Second Appeal is listed for hearing by printing the name of the appellants. There is no representation for the appellants.

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3. Hence, the Second Appeal is dismissed for default. No costs. 15.02.2023 NCC : Yes/No Index : Yes / No vsd To 1.The Principal Sub Court, Tenkasi.

2.The Principal District Munsif Court, Tenkasi.

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

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S.SOUNTHAR, J.

vsd 15.02.2023 4/4