Madras High CourtSA(MD)/1079/2006dismissed for default

Vinayagam v. Kurunthappa Konar (Died)

2024-04-08Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P(MD) No.1 of 2006 1.Vinayagam 2.Velusamy ...Appellants -VsKurunthappa Konar(died) 1.Ramachandran 2.N.Kuruthappan (The Plaintiffs for themselves and as Executive Committee members of Kurunthandaiyar Ayyanar Kovil, Keelakottai Village) S.Arumugam(died) 3.A.Arumugam (For themselves and as representatives of Karaikudi Village peoples) 4.Balakrishnan 1/4

5.Parkunam 6.Kalidass ... Respondents (6th Respondent is L.R of deceased 1st plaintiff and 5th and 6th respondents are LRs of first defendant) PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 24.05.2006 made in A.S.No.110 of 1999 on the file of the Additional District Judge, Ramanathapuram, confirming the judgment and decree dated 16.06.1999 made in O.S.No.330 of 1994, on the file of the District Munsif, Paramakudi. For Appellant : No appearance For R1, R2, R3, R4, R6 : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 05.04.2024, there was no representation for the appellants during first call as well as second call. Therefore, in order to give an opportunity to the appellants, the Registry was directed to list the matter today (i.e.,) 08.04.2024 under the caption 'for dismissal'. 2/4

2. Even today, there is no representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Additional District Judge, Ramanathapuram.

2.The District Munsif, Paramakudi.

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

3/4

S.SOUNTHAR , J.

cp 08.04.2024 4/4