Selvi v. Rajangam

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.07.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR 1.Selvi 2.Maniammal 3.Petchiammal ... Appellants Vs 1.Rajangam 2.Moorthy ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 11.03.2005 made in A.S.No.227/2003 on the file of the III Additional Subordinate Court, Madurai, confirming the judgment and decree dated 14.08.2003 made in O.S.No.230 of 1999 on the file of the District Munsif Court, Tirumangalam. For Appellants : No Appearance For Respondents : No Appearance 1/4

JUDGMENT

When the Second Appeal was taken up for hearing on 28.06.2024, there was no representation for the appellants in the forenoon as well as in the afternoon. Therefore, in order to give an opportunity to the appellants, the Registry was directed to list the mater under the caption "For Dismissal" today.

2. Today, the Second Appeal is listed under the caption "For Dismissal". In the forenoon, a representation was made on behalf of the learned counsel on record for the appellants seeking further adjournment. Since the case is posted under the caption "For Dismissal", the Court was not inclined to grant adjournment and the matter was passed over to enable the counsel to advance his argument. When the Second Appeal is called in the afternoon, there is no representation for the appellants. Hence, the Second Appeal is dismissed for default. There shall be no order as to costs.

03.07.2024 NCC : Yes / No Index : Yes / No 2/4

vsm To 1.III Additional Subordinate Judge, Madurai.

2.The District Munsif, Tirumangalam.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.SOUNTHAR, J.

vsm 03.07.2024 4/4