Madras High CourtSA(MD)/189/2006dismissed for default

Pappu Naidu (Died) v. Perumal Ammal @ Seeni Ammal

2023-02-02Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Pappu Naidu (Died) 2.Sankaran (Died) 3.Thirupathi 4.Geetha 5.S.Shanmugathai 6.S.Vanaja 7.S.Kaliammal 8.S.Nagarajan 9.Suresh Babu ... Appellants (Appellants 3rd & 4th are brought on record as LRs of deceased 1st Appellant vide order dated 28.03.2008 made in M.P(MD)Nos.1 to 3 of 2008 in S.A(MD)No.189 of 2006 by KKSJ) (Appellants 5 to 9 are brought on record as LRs of deceased 2nd Appellant vide order dated 12.01.2009 made in M.P(MD)Nos.4 and 5 of 2008 in S.A(MD)No.189 of 2006 by SRJ) Vs.

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1.Perumal Ammal @ Seeni Ammal 2.C.Subbiah Naidu 3.Lakshmi Ammal 4.Amma Ponnu 5.Thukkamuthu 6.V.Murugan 7.V.Subbulakshmi 8.V.Veni ... Respondents PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree made in A.S.No.78 of 1998 dated 12.07.1999 on the file of the Principal District Judge, Tirunelveli, confirming the judgment and decree of the II Additional District Munsif, Tirunelveli made in O.S.No.1486 of 1989, dated 27.11.1997. For Appellants : No Appearance For R1 : Mr.P.Selvakumar For R3, 6, 7 & 8 : No Appearance

JUDGMENT

When the matter was taken up for hearing on 01.02.2023, the learned counsel for the appellants reported 'no instructions'. Therefore, this Court directed the Registry to print the name of the appellants and post the Second Appeal for hearing on 02.02.2023 under the caption 'for dismissal'. 2/4

2. Today i.e on 02.02.2023 the Second Appeal is listed by printing the names of the appellants under the caption 'for dismissal'. It is seen from the records that the Second Appeal was already dismissed for default as against R2 and R5. The learned counsel for the first respondent submitted that the first respondent is no more. There is no representation for the appellants.

3. Hence, the Second Appeal is dismissed for default. No costs. 02.02.2023 NCC : Yes/No Index : Yes / No vsd To 1.The Principal District Judge, Tirunelveli.

2.The II Additional District Munsif, Tirunelveli.

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

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S.SOUNTHAR, J.

vsd 02.02.2023 4/4