Madras High CourtSA/651/2001dismissed for default

P. Muthurasu,(Died) Rep By His v. Muthammal(Died)W/O Ramayya,

2025-01-07Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.P.Muthurasu(died) represented by his power agent Pandiammal.

...Plaintiff/Respondent/Appellant 2.Pandiyammal 3.Sakthi 4.Nathiya 5.Minor Natrayan (Minor rep. by his mother and natural guardian - Pandiyammal) (Appellants 2 to 4 are brought on record as LR's of the deceased sole appellant vide Order dated 06.06.2011 made in M.P(MD)No.2 of 2010 in S.A.No.651 of 2001) ....Appellants -Vs1.Muthammal(died) 2.A.Karuppayya (died) 3.V.Shanmuganathan (R3 impleaded vide Order dated 13.04.2009 and made in M.P.No.1 of 2008 in S.A.No.651 of 2001) 4.R.Arammal 5.R.Mayalagu 6.R.Subramanian 7.R.Kamala 8.R.Meenakshi 9.R.Suseela (R4 to R9 are brought on record as LRs of the deceased R1 vide Court order dated 29.01.2021 made in CMP(MD)No.3613 of 2006 in S.A.No.651 of 2001)

10.Karuppayee 11.Bharathi 12.Nandhini (Respondents 10 to 12 are brought on record as LRS of the deceased 2nd respondent vide Court order dated 25.08.2003 made in C.M.P.(MD)Nos.6714 to 6716 of 2023 in S.A.No.651 of 2001) ...Respondents Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment dated 02.08.2000 made in A.S.No.104 of 1999 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgment dated 22.03.1999 made in O.S.No.196 of 1997 on the file of the District Munsif, Melur.

For Appellants : M/s.S.A.Ajmal Khan M/s.J.M.Hassanul Bazari for A2 to A4 For Respondents : M/s.Prasanna Vinod for R4, R8 & R9 M/s.T.Antony Arul Raj M/s.S.Anwar Sameem For R3 M/s.S.Saravana Kumar K.Backiyaraj for R7 R2-died(CMP filed) R1-died(steps taken) No appearance for R5, R6, R10 Mr.M.Saravanan for R11 and R12 * * * * *

JUDGMENT

This Second Appeal has been filed against the decree and judgment dated 02.08.2000 made in A.S.No.104 of 1999 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgment dated 22.03.1999 made in O.S.No.196 of 1997 on the file of the District Munsif, Melur.

2.The case is repeatedly adjourned from 25.11.2024. The petitioner has frequently changed the Vakalat for his appearance and, within his wise, to prolong the case and not contact the case.

3.Three chances have already been given to conduct the case, but the petitioner is not ready and changed the Vakalat and engaged new Counsel. Therefore, this Second Appeal is dismissed for default. No costs. 07.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM. J, RJR To 1.The learned First Additional Subordinate Judge, Madurai. 2.The learned District Munsif, Melur.

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

07.01.2025