Madras High CourtSA(MD)/488/2009dismissed for default

Mrs.Philis Thomson Jacob(Died) v. Aji

2023-03-01Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and M.P(MD) No.1 of 2009 Mrs.Philis Thomson Jacob (died) W/o. Late.Thomson Jacob, "Bethel House", Sasthankarai Desom, Sasthankarai Colachel, Kalkulam Taluk, Kanyakumari District.

1.Jeya Chandra @ Jaya Chandra Thomson Jacob, 2.Vijayan Thomson Jacob, 3.Jaya Thomson Jacob 4.Rani S.Martin @ Rani Selvakumar 5.Jaipaul Thomson Jacob ...Appellants -Vs1.Aji 2.Noel Mohan Ravin 3.Xavier 1/4

4.Yesudhas 5.Joice 6.Jeni Saratha Bai ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed by the learned Subordinate Judge, Padmanabhapuram in A.S.No.13 of 2007, dated 25.09.2008 confirming the judgment and decree passed by the learned Principal District Munsif, Padmanabhapuram, in O.S.No.115 of 2003, dated 31.10.2006. For Appellant : No appearance For R2 : Mr.P.Thiagarajan For R3 and R6 : Mr.V.M.Balamohan Thambi For R1, R4 & R5 : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 28.02.2023, the learned counsel for the appellants submitted that he handed over the papers to the appellants and his name may be removed. Accordingly, Registry was directed to remove the name of the learned counsel for the appellants and post the second appeal under the caption 'for dismissal' by printing the name of the appellants. 2/4

2. Today, when the second appeal is listed under the caption 'for dismissal' by printing the name of the appellants, there is no representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

01.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Subordinate Judge, Padmanabhapuram.

2. The Principal District Munsif, Padmanabhapuram. 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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S.SOUNTHAR , J.

CP and M.P(MD) No.1 of 2009 01.03.2023 4/4