Madras High CourtSA(MD)/460/2005dismissed for default

Shanmugam Servai(Died) v. Sundararaj Naidu

2025-01-10Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Tenth day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE V. SIVAGNANAM S.A.(MD). No.460 of 2005

1. Shanmugam Servai(Died) ...Appellant/ Respondent/ Defendant

2. Gengayi

3. Rajeshwari

4. Thilagar

5. Yogendran ...LRs Appellants (Appellants 2 to 5 are brought on record as LR of the deceased sole Appellant vide court order dated 16.11.2023 made in CMP(MD) Nos.13496, 13501 and 13504 of 2023 in S.A.(md) No. 460 of 2005) Vs Sundararaj Naidu

...Respondent/Appellant/Plaintiff

Prayer :- This Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28.02.2005 passed in A.S. No.50 of 2002 on the file of the Subordinate Court, Sivagangai reversing the judgment and decree dated 27.02.2002 passed in O.S. No.81 of 2000 on the file of the Additional District Munsif -cumJudicial Magistrate, Manamadurai. ORDER:- This Second Appeal coming on for orders on this day and upon perusing the Appeal and the affidavit filed in support thereof and upon hearing the arguments of Mr. S. Parthasarathy, Advocate for the Appellants and this court

having granted a period of fifteen days from 10.01.2025, for compliance of the defects pointed out by the Registry, failing which the concerned Appeal will stand dismissed automatically in respect of the respondent against whome batta / steps in due and the said Advocate, not having complied with the said direction of this Court, it is ordered that this Second Appeal do stand dismissed against the Sole Respondent.

Sd/- Assistant Registrar(CO) // True Copy // /04/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The Subordinate Court, Sivagangai.

2. The Additional District Munsif -cum- Judicial Magistrate, Manamadurai.

Copy to:

The Section Officer,( 2 Copies) V.R. Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 10/01/2025 ==========================

ORDER

========================== SA(MD). No.460 of 2005 Giving direction and etc.

as stated within.

MGJ(05.04.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023