S.Muriaraj (Died) v. N.Malairaj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR 1.S.Mariaraj (Died) 2.G.Lucas 3.A.Viyakulam 4.S.Innasimuthu (Died) ... Appellants/Appellants/ Defendants 1 to 4 (for themselves and on behalf of Christian Community at Therku Keeranur Gramam) [Memo dated 24.02.2014 in USR No.1038 is recorded as appellants 1 and 4 died vide order dated 29.01.2021 in S.A.No.862 of 2000] Vs 1.N.Malairaj 2.K.Chellam Udayar 3.Sathiah Servai (Died) ... Respondents 1 to3/ Respondents 1 to 3/Plaintiffs (for themselves and on behalf of Hindu Community at Therku Keeranur )

4.Government of Tamil Nadu, Rep., by the Collector, Sivaganga District, Sivagangai.

... 4th Respondent/4th Respondent/ 5th Defendant 5.Palani Selvam ... 5th Respondent [5th respondent - brought on record as LR of the deceased 3rd respondent vide order dated 29.01.2021 made in C.M.P.(MD) Nos.10211, 10214 & 10215 of 2019 in S.A.No.862 of 2000] Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 08.12.1998 made in A.S.No.10 of 1998 on the file of the Sub Court, Sivaganga confirming the judgment and decree dated 28.08.1997 made in O.S.No.73 of 1993 on the file of the District Munsif Court, Manamadurai.

For Appellants :

No appearance For R1 :

No appearance R2 & R3 :

Died For R4 :

Mr.D.Gandhi Raj Special Government Pleader

J U D G M E N T

Learned counsel for the appellants reported 'no instructions' on 16.03.2022. Recording the same, this Court directed the Registry to print

the name of the appellants and post the case for hearing. Thereafter, when the matter was listed on 20.12.2022, there was no representation for the appellants. In order to given an opportunity to the appellants, the second appeal was adjourned with a direction to the Registry to comply with the order dated 16.03.2022 and post the matter under the caption 'for dismissal'. Even today, there is no representation for the appellants. Hence, this Second Appeal is dismissed for default. No costs. 22.12.2022 Internet:Yes Index:Yes/No abr To 1.The Sub Judge, Sivaganga.

2.The District Munsif, Manamadurai.

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

S.SOUNTHAR, J.

abr 22.12.2022