Madras High CourtSA(MD)/456/2005dismissed for default

Thammanpatti Nadar Uravinmurai v. Manivel Nadar

2024-07-10Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)No.456 OF 2005 1.Thammanpatti Nadar Uravinmurai, through its representative Muthusamy Nadar.

:Third Plaintiffs 2.S.Samuvel(Died) 3.S.Arulraj 4.R.Samiadiyan 5.S.Malaichamy 6.S.Subbulakshmi 7.S.Ramachandran :Appellants 3 to 5 and 7 to 11 appellants 8.S.Ramalakshmi :L.Rs of the Plaintiffs 1 and 2 9.Pappathi 10.Murugan 11.Muneeswari 12.Punitha :Appellants 9 to 12 (Appellants 9 to 12 are brought on record as legal representatives of the deceased second appellant as per order of this Court made in M.P(MD)No.1 of 2009 in S.A(MD)No.456 of 2005, dated 15.07.2009) /vs/ 1.Manivel Nadar :Fourth Defendants

2.M.Kuruvammal 3.M.Solaiappa Nadar 4.M.Mareeshwari 5.M.Parameshwari 6.S.Selvam 7.G.Esther Prema 8.G.Shanthi 9.G.Altrin Solomon Gnanaraj 10.Stephen Gnanadurai :Respondents 4 to 13/ Respondents L.Rs of the defendants 1 to 3 PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.16 of 2004, dated 2.12.2004, on the file of Subordinate Judge, Aruppukkottai, confirming the judgment and decree made in O.S.NO.277 of 1983, dated 18.11.1986, on the file of District Munsif of Aruppukkottai. For Appellants :No appearance For Respondents :Mr.V.R.Venkatesan 1,3, 5 to 10 Respondents :Died 2 and 4

JUDGMENT

************* When the Second Appeal came up for hearing on

09.07.2024, the learned counsel for the appellants filed a memo reporting ''no instructions''.Therefore, the Registry was directed to list the Second Appeal under the caption ''for dismissal'' today by printing the names of the appellants.

2.Today, the Second Appeal is listed under the caption ''for dismissal''by printing the names of the appellants in the cause-list. Even today, there is no representation for the appellants. 3.Hence, the Second Appeal is dismissed for default. No costs.

10.07.2024 Inndex:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Sub-Judge, Aruppukkottai.

2.The District Munsif, Aruppukkottai.

3.The Record Keeper, Vernacular Section,

Madurai Bench of Madras High Court, Madurai.

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A(MD)No.456 OF 2005 10.07.2024