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Madras High CourtSA/1677/2001dismissed for default

Mathisa Pandian v. J.Samuel

2024-12-13Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Mathisa Pandian 2.Durai Pandian 3.Ashokan @ Ashok Pandian (A3 is impleaded as per the order of the Court dated 07.03.2003 made in C.M.P.No.5133 & 5134 of 2002) ...Defendants 1 &2 /Respondents 1 & 2/ Appellants -Vs1.J.Samuel ...Plaintiff/Appellant/Respondent 2.Beula 3.Daniel 4.Aldrin 5.Vimala 6.Sudhakar ...Defendants 4 to 8/Respondents 3 to 7/ Respondents 2 to 6 Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 19.12.2000 made in A.S.No.18 of 2000 on the file of the 1st Additional District Judge cum Chief Judicial Magistrate, Tirunelveli reversing the Judgment and Decree dated 09.07.1999 made in O.S.No.64 of 1998 on the file of the Additional Subordinate Judge, Tirunelveli.

For Appellants : Mr.J.Antony Jesus for A1 Mr.D.Gnanasekaran for A2 Mr.C.Ravichandran for A3 For Respondents : Mr.D.Nallathambi for R1 Tapal returned for R3 and R5

JUDGMENT

This Second Appeal has been filed against the Judgment and decree dated 19.12.2000 made in A.S.No.18 of 2000 on the file of the 1st Additional District Judge cum Chief Judicial Magistrate, Tirunelveli reversing the Judgment and Decree dated 09.07.1999 made in O.S.No.64 of 1998 on the file of the Additional Subordinate Judge, Tirunelveli.

2.When the matter was taken up for hearing, the learned counsel appearing for the first appellant submitted that the first appellant died and he is unable to conduct the party. R3 also died and steps have not been taken within the period of limitation as stipulated and they are not ready to take the appeal. 3.In view of the above, this Second Appeal is dismissed as default. No costs.

13.12.2024 2/2 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

V.SIVAGNANAM. J, RJR To 1.The 1st Additional District Judge cum Chief Judicial Magistrate, Tirunelveli.

2.The Additional Subordinate Judge, Tirunelveli. 3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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