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Madras High CourtSA(MD)/162/2018dismissed for default

Kathiresan (Died) v. Latha

2024-07-22Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.4347 of 2018 Kathiresan (died)

1. Vennila

2. Amuthan

3. Deepan Kumar

4. Suseendran ... Appellants Vs.

1. Latha

2. Rasu

3. Selvam

4. Vijayalakshmi

5. Amsavalli ... Respondents (cause title accepted vide Court order dated 09.04.2018 made in C.M.P.(MD)No.3218 of 2018 in SA(MD)SR.No. 7766 of 2018) 1/4

PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 06.10.2015 made in A.S.No.1 of 2014 on the file of I Additional Sessions Court, Madurai confirming the judgment and decree dated 20.01.2014 made in O.S.No. 177 of 2012 on the file of II Additional Sub Court, Madurai. For Appellants : No appearance For R2 : Mr.K.Vamanan For R1 and R3 to R5 : No appearance

JUDGMENT

The Second Appeal is directed against the judgment and decree passed in A.S.No.1 of 2014 dated 06.10.2015 on the file of the I Additional Sessions Court, Madurai, confirming the judgment and decree made in O.S.No.177 of 2012 dated 20.01.2014 on the file of the II Additional Subordinate Court, Madurai.

2. Today, this case is listed under the caption 'for dismissal'.

3. It is seen from the records that since there was no representation for the appellants on 14.06.2024, 28.06.2024 and subsequently on 2/4

09.07.2024 and also batta for the respondents 1 and 3 to 5 was not paid, this Court ordered to post the matter under the caption 'for dismissal' on 22.07.2024 and even today (22.07.2024), there is no representation for the appellants. Hence, the Second Appeal is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs. 22.07.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The I Additional Sessions Judge, Madurai.

2. The II Additional Subordinate Judge, Madurai. 3/4

K.MURALI SHANKAR, J csm Judgment made in and C.M.P.(MD)No.4347 of 2018 Dated : 22.07.2024 4/4