Madras High CourtSA(MD)/626/2006dismissed for default

Sadasivam v. Gopalakrishnan

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.626 of 2006 and M.P(MD)No.1 of 2006 Sadasivam ...Appellant -Vs1.Gopalakrishnan 2.Arulmighu Peria Swamy Kovil Trust, Agasteeswaram Represented by its Trustee Defendants 2 to 8 (Respondents 3 to 8 herein) Agasteeswaram, Kanyakumari District.

3.Vasanthakumar 4.Thangathurai 5.Ponsamy 6.Ramasundaram 7.Ramachandran 8.Arumugaperumal ... 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.193 of 2004 dated 28.11.2005 on the file of the District Court, Kanyakumari at Nagercoil, confirming the judgment and decree passed in O.S.No.82 of 2001, dated 28.07.2004, on the file of the Second Additional Sub Court, Nagercoil. For Appellant : No appearance For R1 : Mr.S.Xavier Rajini For R4 to R7 : Mr.C.Dhanaseelan For R2, R3, & R8 : 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 District Judge, Kanyakumari at Nagercoil.

2. The Second Additional Subordinate Judge, Nagercoil. 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.626 of 2006 05.04.2024 4/4