Tmt.Sirumani v. Chinnu Udaiyar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Sirumani 2.Uthiriya Mary 3.Arockiamary ...Appellants (The Appellants are the only legal representatives of Late.Arulandu, second respondent/second defendant in lower Court, who died on 02.02.2005) -Vs1.Chinnu Udaiyar 2.Devamurugan 3.Karuupayee 4.Sivakumar 5.Palaniammal 6.Pappathi 7.Savarimuthu 8.Sagu 1/4

9.Jeyamary 10.Samamanasu 11.Rani ... Respondents (The respondent 6 to 11 herein, who were respondents 3 to 8 in A.S.No.103 of 1982 are exonerated as they were exonerated in the first appeal itself) PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 17.12.2003 passed by the learned Principal Subordinate Judge, Dindigul, in A.S.No.103 of 2002 reversing the judgment and decree dated 04.12.2000 passed by the learned Principal District Munsif, Dindigul, in O.S.No.802 of 1996.

For Appellants : No appearance For R1 to R4 : Mr.H.Lakshmi Shankar For R5 : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 18.04.2024, there was no representation for the appellants in the forenoon as well as in the 2/4

afternoon. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter today (i.e.,) 23.04.2024 under the caption 'for dismissal'.

2.Today, the second appeal is listed under the caption 'for dismissal'. There is no representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. 23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Principal Subordinate Judge, Dindigul.

2.The Principal District Munsif, Dindigul.

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

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S.SOUNTHAR , J.

cp 23.04.2024 4/4