Madras High CourtSA(MD)/197/2006dismissed for default

Kamalam Ammal v. Valliammal

2024-04-05Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.197 of 2006 and C.M.P(MD)No.1467 of 2006 Kamalam Ammal ...Appellant -Vs1.Valliammal 2.Ramu Ammal 3.Lakshmi Ammal 4.N.Mani 5.Pattasamy Thevar 6.Kalyani Ammal 7.Chellammal 8.Jaya Ammal 9.Mani 10.Gopalakrishnan 1/4

11.Padma ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 29.09.2000 made in O.S.No.224 of 1995 on the file of the Additional District Munsif's Court, Valliyoor, as confirmed by the judgment and decree dated 31.10.2002 made in A.S.No.212 of 2000 on the file of the II Additional District Judge, Tirunelveli. For Appellant : No appearance For R2 : Mr.S.Sivathilakar For R1, R5, R7 to R9 & R11 : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 03.04.2024, there was no representation for the appellant in the forenoon as well as afternoon. Hence, in order to give an opportunity to the appellant, Registry was directed to list the matter today (i.e.,) 05.04.2024 under the caption 'for dismissal'. 2/4

2. Even today, there is no representation for the appellant. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 05.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Additional District Munsif, Valliyoor.

2.The II Additional District Judge, Tirunelveli.

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

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S.SOUNTHAR , J.

cp S.A(MD)No.197 of 2006 05.04.2024 4/4