Karmegam v. Dharmalingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.11.2025

CORAM:

THE HON'BLE MS JUSTICE R.POORNIMA C.M.S.A(MD)No.17 of 2018 and C.M.P.(MD).No.5627 of 2018 Karmegam ... Appellant .Vs.

1.Dharmalingam 2.Mohammed Moosa ... Respondent R1 and R2 represented by their power agent namely, A.Sheir Mohamed PRAYER:Civil Miscellaneous Second Appeal filed under Section 100 of C.P.C., praying this Court to set aside the fair and decreetal order dated 27.10.2017 made in C.M.A.No.29 of 2017 on the file of the Principal District Court, Dindigul, confirming the fair order and decreetal order dated 10.10.2012 made in E.A.no.360 of 2008 in E.P.no.144 of 2007 in O.S.No.77 of 1990 on the file of the learned Principal Sub Court, Dindigul.

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For Appellant : No appearance For Respondent : No appearance

JUDGMENT

Even though notice was sent to the appellant through Court, the same was returned with an endorsement as "Not Residing in this address".

2.The learned counsel for the appellant has also filed memo dated 01.06.2025, stating that he has not received any instructions from the appellant.

3.There is no representation on the side of the respondents. 4.Hence this Court has no other option except to dismiss the appeal for default.

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5.Accordingly, the Civil Miscellaneous Second Appeal is dismissed for default. No costs. Consequently, the connected civil miscellaneous petition is closed.

04.11.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsg To 1.The Principal District Court, Dindigul.

2.The learned Principal Sub Court, Dindigul.

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

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R.POORNIMA.,J.

vsg ORDER MADE IN C.M.S.A(MD)No.17 of 2018 04.11.2025 4/4