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Madras High CourtSA/1423/2001dismissed for default

Krishnan v. Arumugam

2023-02-01Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.A.No.1423 of 2001:

1.Krishnan 2.Chinnathurai ... Appellants/Appellants/ Plaintiffs Vs 1.Arumugam 2.Ganapathy 3.Palavesamuthu 4.Subbiah 5.Kanagammal 6.Arunachala Vadivu 7.Chellammal 8.Marudhan 9.Sankaran ... Respondents/Respondents/ Defendants 2 to 7 and 9 to 11

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 31.03.2000 made in A.S.No.64 of 1996 on the file of the Principal Sub Court, Tirunelveli confirming the judgment and decree dated 24.06.1996 made in O.S.No.30 of 1988 on the file of the District Munsif's Court, Valliyur.

For Appellants :

No appearance For RR2 to 4 :

Mr.S.Balasubramanian For RR1, 6 & 7 :

No appearance S.A.No.1424 of 2001:

1.Arunachala Vadivu 2.Arumugam 3.Chellammal 4.Krishnan 5.Chinnadurai ... Appellants/Appellants 2 to 6/ Plaintiffs 2 to 6 Vs 1.Ganapathy 2.Palavesamuthu 3.Subbiah ... Respondents/Respondents/ Defendants

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 31.03.2000 made in A.S.No.101 of 1992 on the file of the Principal Sub Court, Tirunelveli confirming the judgment and decree dated 28.02.1992 made in O.S.No.215 of 1989 on the file of the District Munsif's Court, Valliyur.

For Appellants :

No appearance For Respondents :

Mr.S.Balasubramanian COMMON JUDGMENT When these second appeals were taken up for hearing on 30.01.2023, the learned counsel for the appellants submitted that in spite of communication to the appellants by registered post, they have not turned up and hence, he was reporting 'no instructions'. After recording the submission made by the learned counsel for the appellants, the Registry was directed to remove the name of the learned counsel for the appellants and print the name of the appellants and post the second appeal on 01.02.2023.

2. Today (01.02.2023), the matter is listed by printing the name of the appellants. There is no representation for the appellants. Hence, both the second appeals are dismissed for default. However, there shall be no order as to costs.

01.02.2023 NCC: Yes/No Index:Yes/No abr

To 1.The Principal Sub Judge, Tirunelveli.

2.The District Munsif, Valliyur.

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

S.SOUNTHAR, J.

abr 01.02.2023