Madras High CourtSA(MD)/901/2005dismissed for default

Vellaichamy v. Meharunnisha

2025-01-23Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and C.M.P(MD)No.5864 of 2005 Vellaichamy ...Plaintiff/Respondent/Appellant -Vs1.Meharunnisha 2.Habibhul Nazar ...Defendants/Appellants/Respondents Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree of learned Subordinate Judge, Kovilpatti passed in A.S.58 of 2004, dated 13.01.2005 reversing the Judgment and Decree of the learned District Munsif, Kovilpatti passed in O.S.No.41 of 2002, dated 03.02.2004.

For Appellant : No appearance For Respondents : Mr.B.Rajesh Saravanan * * * * *

JUDGMENT

This Second Appeal has been filed against the Judgment and Decree of learned Subordinate Judge, Kovilpatti passed in A.S.58 of 2004, dated 13.01.2005 reversing the Judgment and Decree of the learned District Munsif, Kovilpatti passed in O.S.No.41 of 2002, dated 03.02.2004. 2.When the matter was taken up for hearing, the learned Counsel appearing for the appellant submitted that the sole appellant died and reported "no instructions" to implead the legal representatives. He has already filed memo to that effect.

3. Recording the same, this second appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is also closed. 23.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The learned Subordinate Judge, Kovilpatti.

2.The learned District Munsif, Kovilpatti.

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

V.SIVAGNANAM. J, RJR 23.01.2025