Madras High CourtSA(MD)/911/2008dismissed for default

Subramanian (Died) v. P.S.P.Sethuraman,(Died)

2024-06-06Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A.NO.911 OF 2008 1.Subramanian(died), 2.Soundaravalli 3.Banumathi 4.Kannan 5.Manikandan 6.Chinnaiya 7.Seetharaman :Appellants/Appellants/Defendants (Sole Appellant died and memo dated 3.4.2012 is recorded as per order of this Court made in S.A(MD)No.911 of 2008, dated 3.4.2012) (Appellants 2 to 7 are brought on record as legal representatives of the deceased sole appellant as per order of this Court dated 18.10.2016 made in M.P(MD)No.1 to 3 of 2013 in S.A(MD)No.911 of 2008 .vs.

1.P.S.P.Sethuraman(died) 2.S.P.Palaniappan @ Kasi Viswanathan 3.S.P.Ramanathan 4.S.P.Valathappan @ Mani(died) 5.S.P.Alagappan @ Lakshmanan 6.S.P.Chidamparam

7.Anandhi 8.SE.Palaniyappan 9.K.Senthilkumar 10.M.Periyakaruppan 11.M.Kumarappan 12.N.Vishalakshi (Respondents 7 and 8 are brought on record as legal representatives of the deceased first respondent as per order of this Court made in C.M.P(MD)No.6774 to 6776 of 2016 in S.A(MD)No.911 of 2008, dated 18.10.2016) (9th respondent is brought on record as legal representatives of the deceased second respondent as per order of this Court made in C.M.P(MD)No.6777 to 6779 of 2016 in S.A(MD)No.911 of 2008, dated 19.10.2016) (Respondents 10 to 12 are brought on record as legal representatives of the deceased fourth respondent as per order of this Court made in C.M.P(MD)Nos.6780 of 2016 to 6782 of 2016 in S.A(MD)No.911 of 2008, dated 19.10.

2016) :Respondents/Respondents/Defendants PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in O.S.No.546 of 1995, dated 30.06.2003, on the file of the District Munsif-cumJudicial Magistrate, Thirumayam which was confirmed in A.S.No. 88 of 2003, dated 27.10.2006, on the file of the Additional District Judge(Fast Track Court), Pudukkottai.

For Appellants :No appearance For Respondents :Mr.P.Thiiyagarajan 3 and 5 to 12

Respondents :Steps taken 1,2 and 4

JUDGMENT

************* It is seen that the Second Appeal was dismissed for default on 09.04.1012 and thereafter, it has been restored on application filed by the appellants.

2.When the Second Appeal was listed on 5.6.2024, there was no representation for the appellants and hence, in order to give an opportunity to the appellants, Registry was directed to list the matter under the caption ''for dismissal'' today. Even today, there is no representation for the appellants.

3.Hence, the Second Appeal is dismissed for default. No costs.

06.06.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Additional District Judge, (Fast Track Court), Pudukkottai.

2.The District Munsif-cum-Judicial Magistrate, Thirumayam.

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)NO.911 OF 2008 06.06.2024