Madras High CourtSA(MD)/196/2006dismissed for default

N.Subbaiah v. Thirumalai Nambi @ Chelladurai

2023-02-16Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR

1. N.Subbaiah

2. Ganapathy

3. Ganapathy Padayachi

4. Narayanan Pandaram (Appellants 1 & 2 substituted vide Court order, dated 08.01.2021) (Appellants 3 & 4 for themselves and on behalf of Viyasarajapuram Pandaram Community as their representatives) ... Plaintiffs/Respondents 1 to 4/Appellants Vs

1. Thirumalai Nambi @ Chelladurai

2. K.Ramasubbu

3. The Special Officer, Sri Krishna Co-Operative Mills Products Society, Kovilpathu, Kalakad, Nanguneri Taluk,Tirunelveli District.

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4. The Deputy Registrar, Aavin Nellai Milk, Palayamkottai, Tirunelveli-2.

5. Pattupillai (Respondent 5 for himself and on behalf of Viyasarajapuram Pillaimar Community as their representatives).

... Defendants 1, 2, 4, 5, 6/Appellants 1, 2, Respondents 6 to 8/Respondents PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the decree and Judgment passed in A.S. No. 76 of 2005, on the file of 2nd Additional Sub Judge, Tirunelveli, dated 27.04.2005 reversing the Judgment and decree passed in O.S.No.794 of 1996, on the file of Additional District Munsif Court, Nanguneri, dated 09.12.2004.

For Appellants :

No Appearance For R1, R2 :

Mr.A.Arumugam

JUDGMENT

When the second appeal was taken up for hearing on 15.02.2023, learned counsel for the appellants reported "no instructions". Therefore, Registry was directed to delete his name and post the second appeal 'for dismissal', by printing the name of the appellants in the causelist. 2/4

2.Today, the second appeal is posted by printing the names of the appellants. However, there is no representation for the appellants today. Hence, the second appeal is dismissed for default. No costs. 16.02.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The 2nd Additional Sub Judge, Tirunelveli

2. The Additional District Munsif, Nanguneri.

3. The Deputy Registrar, Aavin Nellai Milk, Palayamkottai, Tirunelveli-2.

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

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S. SOUNTHAR, J., PNM JUDGMENT IN 16.02.2023 4/4