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Madras High CourtSA/1337/1996dismissed for default

Selvanayagam (Deceased) v. Nesayan S/O Yesudhasan

2024-06-06Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A.NO.1337 OF 1996 and M.P(MD)Nos. 2 to 7 of 2007 and C.M.P(MD)Nos.21854 to 21859 of 2001 and C.M.P(MD)Nos.1147 to 1149 of 2024 1.Selvanayagam(died) 2.Sathianesan 3.Gomathy 4.Jayasingh 5.Bright 6.Rani Premal 7.Edwin (Appellants 2 to 7 are brought on record as legal representatives of the deceased first appellant as per order of this Court made in C.M.P.Nos.21851 to 21853 of 2001, dated 6.3.2002) :Defendants 1 and 2/Appellants/ Appellants .vs.

1.Nesayan 2.Rajarenjinamuthu 3.Palayyan

4.Thomas 5.Narayanan 6.Ramanujan :Plaintiff and Defendants 3 to 7/ Respondents/Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.NO.19 of 1995, dated 9.4.1996, on the file of District Judge, Nagercoil, Kanyakumari District pursuant to the judgment and decree made in O.S.No.109 of 1992, dated 6.3.1995, on the file of Subordinate Judge, Kuzhithurai.

Appellant -1 :Died For Appellants :No appearance 2, 4 to 7 Appellant-3 :Died For Respondent-1 :Mr.P.Thiagarajan

JUDGMENT

************* When the matter was taken up for hearing yesterday i.e., on 05.06.2024, there was no representation for the Petitioners/appellants. Therefore, the Registry was directed to list the matter under the caption ''for dismissal'' today. Even today, there is no representation for the Petitioners/appellants. Hence, all the above miscellaneous applications for condoning the delay, set aside the abatment and to bring on record the legal representatives of the deceased, are dismissed for default.

2.In view of the dismissal of the Miscellaneous Appellications, no useful purpose will be served in keeping the Second Appeal pending,which is of the year 1996.

3.Accordingly, the Second Appeal is dismissed for default. No costs.

06.06.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The District Judge, Nagercoil, Kanyakumari District.

2.The Sub-Judge, Kuzhithurai.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A.NO.1337 OF 1996 and M.P(MD)Nos. 2 to 7 of 2007 and C.M.P(MD)Nos.21854 to 21859 of 2001 and C.M.P(MD)Nos.1147 to 1149 of 2024 06.06.2024