Madras High CourtSA/845/1997dismissed for default

Sivan v. Marimuthu (Died)

2023-04-13Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Sivan 2.Velayutham 3.Panchalai 4.Ranjitham 5.Vasantha 6.Gopi 7.Tamilmaran (Appellants 3 to 7 are brought on record as Lrs of the deceased 2nd appellant vide Court order dated 19.11.2021 made in M.P(MD).Nos.1 and 2 of 2009 in S.A.No. 845 of 1997.) ... Appellant -Vs1.Marimuthu (Died) 2.Peer Mohammed 3.Kali(Died) (R3 died, vide memo USR 2624/17, the other Lrs of R1 are already on record they are sufficiently representing the estate of R1, therefore notice to R3 and R7 may be dispensed with made in M.P.No.2 to 4 of 2011 in S.A.No.845 of 1997 4.M.Renganathan(Died) 5.M.Damodaran 1/4

6.M.Sundarrajan 7.M.Gunasekaran 8.M.Thangasamy 9.M.Moorthy 10.Masilamani 11.Manimegalai 12.M.Rasu 13.Pappy 14.Pavalakkodi (R3 to R14 are brought on record as Lrs of the deceased R1 as per the order dated 04.07.2018 in M.P.No.2 to 4 of 2011 in S.A.No.845 of 1997) 15.Chinnaponnu 16.Shanthi 17.R.Muthu 18.Thamayanthi 19.Thangamani 20.Sridevi .. Respondents ( Respondents 15 to 20 are brought on record as LRS of the deceased 4th respondent vide Court order dated 18.02.2022 made in C.M.P(MD).Nos.10360 and 10362/21 in S.A.No.845 of 1997) PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree made in A.S.No.48/94 dated 27.01.1997 on the file of the Subordinate Judge, Pudukkottai, reversing the judgment and decree made in O.S.No.262 of 1986 dated 18.02.1993 on the file of the District Munsif Court, Aranthangi.

For Appellants : Mr.M.R.S.Prabhu For Respondents : No appearance 2/4

JUDGMENT

The appeal is of the year 1997. Despite sufficient opportunity was given to the appellant, the appellant has not taken any steps. Therefore, this Second Appeal is dismissed for default. No Costs. 13.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No tta To 1.The Subordinate Judge, Pudukkottai,

2. The District Munsif, Aranthangi.

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

3/4

P.VELMURUGAN , J.

tta 13.04.2023 4/4