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Madras High CourtSA(MD)/329/2009dismissed for default

Sivagami v. N.Veeraiah Asari

2024-04-26Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sivagami ...Appellant -Vs1.N.Veeraiah Asari 2.Meenambal ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 28.06.2007 passed in A.S.No.18 of 2007 on the file of the learned Subordinate Judge, Pudukkottai, reversing the judgment and decree passed in O.S.No.281 of 1998 on the file of the learned District Munsif, Aranthangi, dated 26.10.2004. For Appellant : No appearance For Respondents : No appearance 1/4

JUDGMENT

It is seen from the records that the second appeal was already dismissed as against the first respondent by order dated 04.04.2017. 2.When the second appeal was taken up for hearing on 24.04.2024, there was no representation for the appellant in the forenoon as well as in the afternoon. Hence, in order to give an opportunity to the appellant, Registry was directed to list the matter today (i.e.,) 26.04.2024 under the caption 'for dismissal'. 3.Today, 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. 26.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp 2/4

To 1.The Subordinate Judge, Pudukkottai.

2.The District Munsif, Aranthangi.

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

3/4

S.SOUNTHAR , J.

cp 26.04.2024 4/4