Annavadivu,W/O Rathinasamy v. P.Ramiah,S/O Paradesinadar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A(MD)Nos.1553, 1554 and 1555 of 2001 Annavadivu ... Appellant Vs.

1.P.Ramiah 2.Ulagammal 3.Jayamary 4.Jeyarani 5.Raju 6.Bhaskaran 7.Vijayarani 8.Dheboral 9.Chelliah ... Respondents PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment dated 30.08.1999 in A.S.No.84 of 1996 on the file of the Additional Subordinate Judge, Tirunelveli as confirmed by the decree and judgment dated 28.06.1996 in O.S.No.129 of 1986 on the file of the Principal District Munsif, Tirunelveli. 1/4

For Appellant : No Appearance For Respondents : No Appearance

JUDGMENT

It is seen from the records that when the matter was taken up for hearing on 22.10.2018, there was no representation for both sides and the matter was adjourned to 25.10.2018. On 25.10.2018, since there was no representation for the appellant, this Court ordered notice to the appellant through Court. Thereafter, the matter was listed on 06.01.2023. On 06.01.2023, this Court has passed the following order: ''It is seen from the records that the notice ordered to the sole appellant in S.A.No.1553 of 2001 was returned with an endorsement 'no residence'. Insofar as appellants 1, 2, 4 and 6 in S.A.No.1554 of 2001 are concerned, the notice ordered to them were also returned with an endorsement 'no residence'. Insofar as the fifth and third appellants are concerned, the notice ordered to them were returned with an endorsement 'not working in the office' and 'died' respectively. The notice sent to the appellant in S.A.No.1555 of 2001 was returned with an endorsement 'no residence'.

2.It is also seen that respondents 1, 2 & 9 in S.A.No.1553 of 2001 are dead. Respondents 1 & 2 in 2/4

S.A.Nos.1554 and 1555 of 2001 are also dead.

3.List the second appeals under the caption 'for dismissal' by printing the name of the appellants as well as the learned counsel on record on 10.01.2023''. 2.Today (10.01.2023), when the matter is listed under the caption 'for dismissal' by printing the names of the appellants, there is no representation for the appellants.

3.Hence, these Second Appeals are dismissed for default. No costs. 10.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No vsd To 1.The Additional Subordinate Judge, Tirunelveli.

2.The Principal District Munsif, Tirunelveli.

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

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S.SOUNTHAR, J.

vsd S.A(MD)Nos.1553, 1554 and 1555 of 2001 10.01.2023 4/4