Maharajan v. V.Arunachala Velar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Maharajan 2.Sankaran 3.Sornam @ Sundari 4.Parvathy 5.Isakkiappan 6.Isakkimuthu (minor) ...Appellants (Minor 6th appellant is represented through his mother & natural guardian M.Bagavathi) -Vs1.V.Arunachala Velar 2.A.Ganesan 3.V.Madasamy 1/4

4.R.Vijayakumar ... Respondents (R2 to R4 are set-ex parte in the Courts below. Hence, given up for notice) PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed by the I Additional District Judge, Tirunelveli in A.S.No.32 of 2005 dated 25.10.2005 confirming the judgment and decree passed in O.S.No.24 of 1998 on the file of II Additional Subordinate Judge, Tirunelveli, dated 02.11.2004. For Appellants : No appearance For R4 : Mr.R.Manimaran

JUDGMENT

When the second appeal was taken up for hearing on 15.04.2024, there was no representation for the appellants. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter today (i.e.,) 23.04.2024 under the caption 'for dismissal'. 2/4

2.Today, the second appeal is listed under the caption 'for dismissal'. There is no representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. 23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The I Additional District Judge, Tirunelveli.

2.II Additional Subordinate Judge, Tirunelveli, 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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S.SOUNTHAR , J.

cp 23.04.2024 4/4