Madras High CourtSA(MD)/10/2006dismissed for default

Ramachandran v. Palaniappan (Died)

2024-06-28Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR and C.M.P(MD)No.92 of 2006 Ramachandran ... Appellant Vs.

1.Palaniappan (Died) 2.Thiyagarajan 3.Arukkaniammal (Died) 4.Saraswathy (Died) 5.K.Nathappan Udaiyar 6.Dhanasekari 7.Thangam 8.P.Vairam 9.P.Muthukumar 10.P.Roja 11.P.Gubendran ... Respondents 1/5

(Memo in USR.No.3991, dated 11.10.2011 is recorded as third respondent died and respondents 1, 2 and 4 and appellant, who are already on record are recorded as legal heirs of the deceased third respondent vide Court order, dated 05.03.2021 made in S.A(MD)No.10 of 2006) (Respondents 5 to 7 are brought on record as LRs of the deceased fourth respondent vide Court order, dated 05.03.2021 made in M.P(MD)No.1 of 2011 in S.A(MD)No.10 of 2006) (Respondents 8 to 11 are brought on record as LRs of the deceased first respondent vide Court order, dated 23.06.2021 made in C.M.P(MD)No.

4333 of 2021 in S.A(MD)No.10 of 2006) PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 24.03.2004 passed in A.S.No.70 of 2003 on the file of the District Court, Pudukkottai reversing the judgment and decree, dated 28.02.2003 passed in O.S.No.143 of 2000 on the file of the Additional District Munsif, Pudukkottai.

For Appellant : No appearance R-1, R-3 & R-4 : Died (Steps taken) For R-2 & R-5 to R-10 : Mr.J.Anand Kumar 2/5

JUDGMENT

When the Second Appeal was taken up for hearing on 27.06.2024, the learned Counsel appearing for the appellant reported 'No instruction'. Recording the same, the Registry was directed to remove the name of the learned Counsel, who entered appearance for the appellant and list the matter under the caption 'For Dismissal' by printing the name of the appellant.

2. Today, the Second Appeal is listed under the caption 'For Dismissal' by printing the name of the appellant. Even today, there is no representation for the appellant.

3. The learned Counsel for the respondent is present.

4. Hence, this Second Appeal stands dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

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NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR To 1.The District Court, Pudukkottai.

2.The Additional District Munsif, Pudukkottai.

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

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S.SOUNTHAR , J.

BTR Judgment made in Dated:

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