Johnson, (Died) v. K.Madhavan Pillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Johnson (died) 2.Thangarethinam 3.Benjamin Selvin 4.Ravenish Rajan ...Appellants (Appellants 2 to 4 are brought on record as LRs of deceased sole appellant as per the order of this Court dated 22.09.2015 made in M.P(MD)Nos.2 to 4 of 2013) -Vs1.K.Madhavan Pillai 2.Sarojini Amma 3.S.Sarala 4.S.Sudha 5.P.Mohanan ... Respondents (Respondents 2 to 5 are ex parte in the lower court. Hence, notice to them may be dispensed with) 1/4

PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in A.S.No.125 of 2002 dated 09.11.2004 on the file of Sub Court, Padmanabhapuram, confirming the judgment and decree in O.S.No.179 of 1999 on the file of the Principal District Munsif Court, Padmanabhapuram, dated 12.08.2002.

For A2 & A4 : Mr.T.Selvakumaran For R1 : Mr.K.Sreekumaran Nair

JUDGMENT

When the second appeal is taken up for hearing, Mr.T.Selvakumaran, learned counsel for the appellants 2 and 4 reporting no instructions and he has also made an endorsement to that effect in the Court bundle. Further, notice sent by the Registry to the third appellant served and his name appeared in the cause list. There is no other representation for the appellants. Hence, this Second Appeal is dismissed for default. However, there shall be no order as to costs. 25.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp 2/4

To 1.The Subordinate Judge, Padmanabhapuram.

2.The Principal District Munsif, Padmanabhapuram.

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

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S.SOUNTHAR , J.

cp 25.04.2024 4/4