Madras High CourtSA(MD)/327/2004dismissed for default

Thesingu Raja v. Ramasamy(Died)

2025-01-27Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and C.M.P(MD)No.1628 of 2004 1.Thesingu Raja 2.Ramasubramania Raja ...Defendants 1 & 2/Appellants/Appellants -Vs1.Ramasamy(Died) ...Plaintiff/1st Respondent/1st Respondent 2.Pillaiyar ...3rd Defendant/2nd Respondent/2nd Respondent 3.Selvi 4.Minor. Arivudurai 5.Minor. Karthikeyan

...Respondents

(Minors 4 and 5 are represented by the 3rd respondent, the Mother and natural Guardian) (Respondents 3 to 5 are brought on record as LRs of the deceased 1st Respondent Vide Court order, dated 19.06.2023 made in CMP(MD)Nos.6337 & 6338 of 2005 in SA(MD)No.327 of 2004) Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree in A.S.No.60 of 1999, dated 16.05.2004 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur, confirming the Judgment and Decree in O.S.No.550 of 1994, dated 08.12.1997 on the file of Principal Sub Court, Srivilliputtur.

For Appellants : No appearance For Respondents : Mr.M.Thirunavukkarasu R3 to R5 R1-died R2- No appearance for R2 * * * * *

JUDGMENT

This Second Appeal has been filed against the Judgment and Decree in A.S.No.60 of 1999, dated 16.05.2004 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur, confirming the Judgment and Decree in O.S.No.550 of 1994, dated 08.12.1997 on the file of Principal Sub Court, Srivilliputtur.

2. On perusal of records it reveals that on 20.01.2025, the learned counsel appearing for the appellants reported 'no instructions' and directed the Registry to print the name of the appellants. Despite the name printed in the cause list, the appellants have not chosen to appear either in person or through counsel.

3. In view of the above, this Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is also closed. 27.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM. J, RJR To 1.The Principal District Court, Virudhunagar District at Srivilliputtur. 2.The Principal Sub Court, Srivilliputtur.

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

27.01.2025