Madras High CourtSA(MD)/300/2013dismissed for default

Suryanarayanan v. Singili Naicker Dwadasi

2024-10-28Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA S.A.(MD) No.300 of 2013 and C.M.P.(MD) No.568 of 2024 1.Suryanarayanan 2.Madhuram Ammal 3.Jothilakshmi 4.Minor Jayasurya (4th appellant represented by his mother, the 3rd appellant) ... Appellants vs.

1.Singili Naicker Dwadasi Kattalai Chathram, 2/A, Melaratha Veedhi, Virudhuangar, represented by its Executive Officer, Arulmigu Chokkanatha Swamy Temple, Virudhunagar.

2.Joint Sub Registrar, No.2, Virudhunagar.

3.Assistant Commissioner, HR & CE Department, Virudhunagar.

...Respondents

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Prayer:- Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 02.03.2006 made in A.S.No.37 of 2004 on the file of the Subordinate Judge at Virudhunagar confirming the judgment and decree of District Munsif at Virudhunagar in O.S.No.117 of 2001 made on 11.02.2004.

For Appellants : No appearance For R1 : Mr.P.Mahendran

JUDGMENT

The above second appeal is filed challenging the judgment and decree dated 02.03.2006 in A.S.No.37 of 2004 on the file of the learned Subordinate Judge at Virudhunagar confirming the judgment and decree of the District Munsif Court at Virudhunagar in O.S.No.117 of 2001 dated 11.02.2004.

2. None appears on behalf of the appellants.

3. The attempt to serve appellants to the last shown address has been unsuccessful, since they had not furnished their door number in the address of service and their counsel has reported no instructions. This Court had directed that the name of the appellants to be printed. Today, their names have been printed. The appellants were the respondents before the Hon'ble Supreme Court. Therefore, the second appeal stands dismissed for default for non appearance of 2/4

the appellants. It is made clear that in the event of the appellants appearing in the matter through the counsel later, the said application shall be considered for restoration of the case positively. No costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 28.10.2024 Internet : Yes/ No mm To 1.The Subordinate Judge at Virudhunagar.

2.The District Munsif at Virudhunagar.

3.The Section Officer, (2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

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P.T.ASHA, J.

mm S.A.(MD) No.300 of 2013 28.10.2024 4/4