Madras High CourtSA(MD)/523/2017dismissed for default

Gomathy v. Vethanayagam Pillai

2023-12-12Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.11278 of 2017 Gomathy ... Appellant /Vs./

1. Vethanayagam Pillai Balakrishnan (died)

2. Subbaiah Sundaram Kala (Died)

3. Arumugaraj Chinnasankarasubbu(Died)

4. Sankara Avudaiyammal

5. Shanmugavadivu

6. Chellapandian

...Respondents

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the Decree and Judgment dated 01.03.2017 in A.S.No.57 of 2011 on the file of the I Additional District Court, Thoothukudi, reversing the decree and judgment, dated 27.08.2009 1/4

passed in O.S.No.154 of 2007 on the file of the Principal District Munsif Court, Srivaikundam.

For Appellant : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.P.Senthil, for R-1 to R-3 No appearance for R-4 to R-6

JUDGMENT

Today, when the matter is taken up for hearing, the Learned Counsel appearing for the Appellant reported that there is 'No instructions'. The statement is recorded.

2. Recording the aforesaid submission, this Second Appeal is dismissed as non-prosecution. No Costs. Consequently, connected miscellaneous petition is closed. However, the Appellant is at liberty to restore the Second Appeal, if so advised.

12.12.2023 Index : Yes / No NCC : Yes / No ksa 2/4

TO:

1. The I Additional District Court, Thoothukudi.

2. The Principal District Munsif Court, Srivaikundam.

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

3/4

S.SRIMATHY, J.

ksa Judgment made in S.A.(MD)No.523 of 2017 12.12.2023 4/4