Madras High CourtSA(MD)/1051/2006dismissed for default

Subramanian v. Chinnakkannu @ Vellaian

2024-07-16Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR and M.P(MD)Nos.1 & 1 of 2006 1.Subramanian 2.Senthil Kumar 3.Chinnammal 4.Selvam 5.Chinthamani 6.Vellaiammal 7.Ganesan 8.Saraswathi ... Appellants/Respondents Defendants (In both case) Vs.

Chinnakkannu @ Vellaian ... Respondent/Appellant Plaintiff in S.A.(MD)No.1051 of 2006 Chinnappa ... Respondent/Appellant Plaintiff in S.A.(MD)No.1052 of 2006 1/5

PRAYER in S.A(MD)No.1051 of 2006 : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment made in A.S.No.105 of 2003, dated 23.03.2006 on the file of the I Additional Subordinate Judge, Tiruchirapalli, reversing the decree and judgment made in O.S.No.79 of 1997, dated 31.08.2000 on the file of the District Munsif Court, Manapparai by allowing this Second Appeal and thereby decreeing the suit in toto with cost. PRAYER in S.A(MD)No.1052 of 2006 : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the decree and judgment made in A.S.No.110 of 2003, dated 23.03.2006 on the file of the I Additional Subordinate Judge, Tiruchirapalli, reversing the decree and judgment made in O.S.No.67 of 1997, dated 31.08.

2000 on the file of the District Munsif Court, Manapparai by allowing this Second Appeal and thereby decreeing the suit in toto with cost. For Appellants : No appearance (in both case) For Respondent : Mr.G.Prabhu Rajadurai in S.A(MD)No.1051 of 2006 For Respondent : Mr.V.Ramakrishnan in S.A(MD)No.

COMMON JUDGMENT When both the Second Appeals were taken up for hearing on 12.07.2024, there was no representation for the appellants. The learned Counsel for the respondent in S.A(MD)No.1051 of 2006 informed the Court that sole respondent passed away on 06.09.2020. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter under the caption 'For Dismissal'.

2. Today, both the Second Appeals are listed under the caption 'For Dismissal'. Even today, there is no representation for the appellants.

3. Hence, both the Second Appeals stand dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

16.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR 3/5

To 1.The I Additional Subordinate Judge, Tiruchirapalli.

2.The District Munsif Court, Manapparai.

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

4/5

S.SOUNTHAR , J.

BTR Judgment made in Dated:

16.07.2024 5/5