Madras High CourtSA(MD)/173/2005dismissed for default

Vembu Ammal v. Umarani

2023-01-24Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Vembu Ammal 2.Chinnathurai Udayar (Died) 3.C.Vijaya 4.C.Manickarajan 5.D.Sivasankari 6.C.Dinesh ... Appellants (Appellants 3 to 6 are brought on record as LRs of deceased 2nd appellant vide order dated 05.01.2023 made in C.M.P(MD)No.11439 of 2022 in S.A(MD)No.173 of 2005 by SSJ) Vs.

1.Umarani 2.Ravikumar 3.Karthikeyan 4.Sridevi 5.Saroja 6.Pari 7.Thangavel ... Respondents PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment of the Principal District Court, Thanjavur passed in A.S.No.9 of 2004, dated 09.08.2004 partly modifying the decree and judgment of the Principal Subordinate Court, Thanjavur passed in O.S.No.81 of 2001, dated 30.09.2003.

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For Appellants : No Appearance For R7 : Mr.A.V.Rajasekaran For R5 - R6 : No Appearance

JUDGMENT

When the matter was taken up for hearing on 23.01.2023, the learned counsel for the appellants filed a memo stating that he reported 'no instructions'. After recording the memo, this Court directed the Registry to post the Second Appeal today (24.01.2023) by printing the names of the appellants and the third respondent.

2.Today i.e on 24.01.2023 the Second Appeal is listed by printing the names of the appellants. There is no representation for the appellant. 3.Hence, the Second Appeal is dismissed for default. No costs. 24.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No vsd 2/4

To 1.The Principal District Judge, Thanjavur.

2.The Principal Subordinate Court, Thanjavur.

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

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S.SOUNTHAR, J.

vsd 24.01.2023 4/4