S.Murugan v. Pannerselvam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.236 of 2006 1.S.Murugan 2.S.Sankaranarayanan 3.S.Gopal 4.Malaiyammal 5.Shanmugavel Kumar 6.Sorna Kumar ...Appellants -Vs1.Pannerselvam 2.Pon Alagumuthu 3.Rani 4.Shanthi Muthukrishnan 5.Shanmuga Sundarai 6.Sathyabama 7.Thangathammal 8.Muthukrishnan (Respondents 3 to 7 already exonerated in the Lower Appellate Court, hence notice to the respondents 3 to 7 are dispensed with) ... Respondents 1/4

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.242 of 2004 on the file of the learned Principal Subordinate Judge, Tirunelveli, dated 01.07.2005 confirming the judgment and decree passed in O.S.No.248 of 1996 on the file of the learned 1st Additional District Munsif, Tirunelveli, dated 22.04.2004. For Appellants : No appearance For Respondents : No appearance

JUDGMENT

When the second appeal was taken up for hearing on 08.04.2024, the learned counsel appearing for the appellants reported no instructions and made an endorsement to that effect in the Court bundle. Recording the same, the Registry was directed to remove the name of the learned counsel for the appellants and list the matter under the caption 'for dismissal' by printing the name of the appellants.

2. Today, the second appeal is listed under the caption 'for dismissal' by printing the name of the appellants. There is no representation for the appellants. 2/4

Hence, the Second Appeal is dismissed for default. However, there shall be no order as to costs.

10.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To 1.The Principal Subordinate Judge, Tirunelveli.

2.The 1st Additional District Munsif, Tirunelveli.

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

3/4

S.SOUNTHAR , J.

cp S.A(MD)No.236 of 2006 10.04.2024 4/4