Madras High CourtSA(MD)/24/2006dismissed for default

Nambikkai Foundation Trust v. Balachandran

2023-01-27Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P(MD)No.203 of 2006 1.Nambikkai Foundation Trust, Pazhavoor through its Vice President Sue Stillman, Radhapuram Taluk.

2.Sue Stillman ... Appellants Vs.

1.Balachandran 2.Sivakumar 3.Prabhakar 4.Kannan ... Respondents PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree passed in A.S.No.113 of 2004 on the file of the Principal District Court, Tirunelveli, dated 31.01.2005 reversing the Judgment and Decree passed in O.S.No.5 of 1999 on the file of Second Additional Sub Court, Tirunelveli, dated 30.03.2004. 1/4

For Appellants : No Appearance For R1 - R3 : Mr.J.David Ganesan for M/s.Jayapaul Associates

JUDGMENT

When the matter was taken up for hearing on 25.01.2023, the learned counsel for the appellants filed a memo stating that he already handed over the papers to the appellants. After recording the memo, this Court directed the Registry to print the name of the appellants and post the Second Appeal for hearing on 27.01.2023 under the caption 'for dismissal'.

2. Today i.e on 27.01.2023 the Second Appeal is listed by printing the name of the appellants under the caption 'for dismissal'. There is no representation for the appellants.

3. Hence, the Second Appeal is dismissed for default. No costs. Consequently connected Miscellaneous Petition is closed. 27.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No vsd 2/4

To 1.The Principal District Judge, Tirunelveli.

2.The II Additional Sub Court, Tirunelveli.

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

3/4

S.SOUNTHAR, J.

vsd and C.M.P(MD)No.203 of 2006 27.01.2023 4/4