Madras High CourtAS(MD)/40/2018dismissed for default

Manoharan v. Samsudeen @ Hajamoideen

2026-02-25Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM

THE HONOURABLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.2138 of 2018 1.Manoharan 2.Raja .. Appellants Vs.

Samsudeen @ Hajamoideen .. Respondent Prayer : Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the judgment and decreetal order dated 30.08.2017 by the learned Additional District Judge (Fast Track Court), Kumbakonam, in O.S.No.50 of 2016 and allow the first appeal.

For Appellants : No Appearance For Respondent : Mr.G.Prabhu Rajadurai

JUDGMENT

Today, this matter has been listed under the caption "for dismissal." 1/3

2. When the matter is taken up for hearing, the learned counsel for the respondent is present, and there is no representation for the 1st appellant. Even on the earlier occasion, i.e., on 17.02.2026, there was no representation for the 1st appellant. It is also noted that the vakalat for the 2nd appellant has not been filed, despite sufficient opportunities having been granted.

3. Being left with no other option, this Appeal Suit is dismissed for default. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

25.02.2026 Index:Yes/No Speaking Order :Yes/No mkn 2/3

P. VADAMALAI , J.

mkn To The Additional District Court (Fast Track Court), Kumbakonam.

and C.M.P.(MD)No.2138 of 2018 25.02.2026 3/3