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Madras High CourtSA(MD)/522/2005dismissed for default

Muthulakshmi v. Mariammal

2024-07-24Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A. (MD) No.522 of 2005 1.Muthulakshmi 2.Ramesh ... Appellants -vsMariammal ... Respondent PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 30.06.2004, passed in A.S.No.60 of 2002 on the file of II Additional Sub-Court, Tirunelveli, confirming the judgment and decree, dated 21.03.2001, passed in O.S.No.538 of 1993 on the file of II Additional District Munsif Court, Tirunelveli. For Appellants :

No appearance For Respondent : Mr.M.P.Senthil

JUDGMENT

When the Second Appeal was taken up for hearing on 10.07.2024, there was no representation for the appellants. It was brought to the notice of this Court that the first counsel on record for the appellants was elevated to the Bench and the second counsel passed away. It was also represented that the third counsel on record was not practising at Madurai. Recording the same, this Court directed the Registry to issue notice to the appellants. It is seen from the notice papers that the notice issued by the Registry to the appellants was served on 18.07.2024

2. Today, when the Second Appeal is listed by printing the names of the appellants, there is no representation for the appellants. Learned counsel for the respondent is present.

3. Hence, the Second Appeal is dismissed for default. No costs. 24.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1.II Additional Subordinate Judge, Tirunelveli.

2.II Additional District Munsif, Tirunelveli.

3.Section Officer, V.R. Section, Madurai Bench of Madras High Court.

S.SOUNTHAR, J.

dixit 24.07.2024