Madras High CourtSA(MD)/493/2006dismissed for default

V.K.Srinivasa Aachariar(Died) v. Kandasamy

2025-01-09Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and M.P(MD)No.1 of 2007 1.V.K.Srinivasa Aachariar(died) ...Defendant/Appellant/Appellant 2.S.Kamala 3.S.Geetha 4.V.Janaki 5.S.Sampath 6.V.Lakshmi 7.S.Sundar Rajan 8.V.S.Venkatachari 9.V.Andal (Appellants 2 to 9 are brought on record as LRs of the deceased sole appellant vide order of Court dated 24.01.2008 made in M.P(MD)No.2 of 2007) ...Appellants -VsKandasamy ...Plaintiff/Respondent/Respondent Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree passed in A.S.No.27 of 2003 on the file of the Subordinate Judge, Srivilliputur, dated 31.08.2005 confirming the Judgment and Decree passed in O.S.No.177 of 2000 on the file of Principal District Munsif Court, Srivilliputhur, dated 09.04.2003. For Appellants : No appearance For Respondent : Mr.A.Sivaji * * * * *

JUDGMENT

This Second Appeal has been filed against the Judgment and Decree passed in A.S.No.27 of 2003 on the file of the Subordinate Judge, Srivilliputur, dated 31.08.2005 confirming the Judgment and Decree passed in O.S.No.177 of 2000 on the file of Principal District Munsif Court, Srivilliputhur, dated 09.04.2003.

2.When the matter was taken up for hearing, the learned Counsel appearing for the appellants reported that "no instructions" and bundle has been handed over to one Mr.Rajagopalan, and he has entered appearance. 3.On perusal of the records, it is noticed that Vakalat filed by Mr.Rajagopalan has been returned and he remained absent during the last hearing on 11.12.2024. Again today, there is no representation on the side of the appellants.

4.In view of the above, this Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is also closed. 09.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The learned Subordinate Judge, Srivilliputhur. 2.The Principal District Munsif Court, Srivilliputhur. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

V.SIVAGNANAM. J, RJR 09.01.2025