Alla Pitchai v. Muthu Karuppa Thevar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Alla Pitchai 2.Mustaffa ...Appellants vs.

1.Muthukaruppa Thevar (died) 2.Sikkander 3.Usman 4.Abdulkareem 5.Pitchai Ammal 6.Hameed Beevi (died) 7.Balasubramanian 8.Ghandi @ Nagalingam 9.Manickam 10.Valli 11.Thenmozhi 12.Muthu 13.Jothi 14.Raja 15.Kannan 16.Thaleeshwari 17.Saravanan 18.Jayaraman 19.Duraisamy 20.Thillaimoorthy

21.Saroja 22.Nazar Sha 23.Mohamed Sha 24.Amzed Sha 25.Abdul Kalam Azad Sha 26.Abul Barakat Sha 27.Shathik Sha 28.Hajira Fathima ... Respondent (Respondents 10 to 21 are brought on record as LRs of the deceased 1st respondent as per the order of Court dated 05.10.2015 in M.P(MD)Nos.2 to 4 of 2012 in S.A.No.2147 of 2001) (Respondents 22 to 28 are brought on record as LRs of the deceased 6th respondent as per the order of Court dated 05.10.2015 in M.P(MD)No.1 of 2015 in S.A.No.2147 of 2001) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 17.11.1999 in A.S.No. 73 of 1998 on the file of the Principal District Court, Ramanathapuram reversing the Judgment and Decree dated 27.02.1998 in O.S.No.173 of 1989 on the file of the Additional District Munsif Court, Ramanathapuram.

For Appellants :

No appearance For Respondents :

Mr.S.Ramesh for R10 to R14, R21 No appearance for R1 to R9, R15 to R20, R22 to R28

JUDGMENT

When the matter is taken up for hearing today, there was no representation for the appellants. The earlier order of this Court, dated 13.06.2023, directing the learned counsel for the appellants to ascertain whether Parvathiammal is still alive or not and whether Parvathiammal is a legal representative of the deceased first respondent or not has not been complied with.

2. In view of the same, the Second Appeal is dismissed for default with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellants to the Registry to the credit of S.A.No.2147 of 2001. In case, the appellants file any application to restore the appeal, Registry is directed not to take the application on file unless the appellants deposit the cost imposed by this Court.

22.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Principal District Court, Ramanathapuram. 2.The Additional District Munsif Court, Ramanathapuram. 3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN , J.

mbi 22.06.2023