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Madras High CourtSA(MD)/5/2013dismissed for default

Chinnammal, (Died) v. Maruthamuthu Asari,

2024-04-16Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)NO.5 OF 2013 and M.PMD)No.1 of 2013 1.Chinnammal(died) 2.Murugan 3.Nagammal 4.Sekar (Appellants 2 to 4 are brought on record as legal representatives of the deceased sole appellant as per order of this Court made in M.P(MD)Nos.1 to 3 of 2014 in S.A(MD)No.5 of 2013, dated 23.09.2020) (Sole Appellant died. Memo in U.S.R.No.637 of 2013 is recorded, as per order of this Court made in S.A(MD)No. 5 of 2013, dated 21.7.2014) :Appellants/Appellants/Plaintiff .vs.

1.Maruthamuthu Asari 2.Manickam Asari 3.Dhandapani Asari :

Respondents/Respondents/Defendants PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.137 of 2005, dated 21.6.2010, on the file of Sub-Court, Dindigul confirmin g the judgment and decree made in O.S.No.260 of 2002, dated 18.02.2005, on the file of Principal District Munsif Court, Dindigul.

For Appellants :No appearance For Respondents :Mr.T.R.Subramanian 1 to 3

JUDGMENT

************* When the matter was taken up for hearing on 15.04.2024, the learned counsel for the appellants reported ''no instructions''. Recording the same, Registry was directed to list the Second Appeal under the caption ''for dismissal'' today, by printing the name of the appellants in the cause-list.

2.Today, 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, the Second Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.

16.04.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To 1.The Principal Sub-Judge, Dindigul.

2.The Principal District Munsif, Dindigul.

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)NO.5 OF 2013 and M.PMD)No.1 of 2013 16.04.2024