Madras High CourtSA/104/2002dismissed for default

Subramaniya Nattar (Died) v. Nataraja Madan

2024-06-03Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A.NO.104 OF 2002 1.Subramania Nattar(died) 2.Mangayarkarasi 3.Indira 4.Muthu Rasu 5.Gunasekaran 6.Kalyani :Defendant/Respondent/Appellants .vs.

1,Nataraja Madam, represented by Arumugam(died), son of Parimala Gounder 2.A.Shanmuga Sundaram 3.Selvi 4.Ponraman :Plaintiff/Appellant/Respondents (Second respondent was brought on record as LR of the deceased sole respondent as per order of this Court made in M.P(MD)No.1 to 3 of2008 in S.A.No.104 of 2002, dated 09.03.2016) (Appellants 2 to 6 are brought on record as Lrs of the deceased sole appellant and respondents 3 and 4 are brought on record as legal representatives of the deceased sole appellant as per order of this Court made in M.P(MD)No.1 of 2014 in S.A.NO.104 of 2002, dated 9.3.2016) PRAYER: Second Appeal filed under Section 100 of Civil Procedure

Code against the judgment and decree made in A.S.No.47 of 2000, dated 31.07.2001,on the file of Additional Subordinate Judges Court, Thanjavur, reversing the judgment and decree made in O.S.No.68 of 1999, dated 17.8.2000, on the file of District Munsif Court, Thiruvayyaru.

For Appellants :No appearance For Respondent-1 :Died For Respondent-2 :Mr.G.Sridharan

JUDGMENT

************* When the Second Appeal was taken up for hearing on 23.01.2024, the learned counsel for the appellants submitted that he had handed over the papers along with change of vakalath to the parties. He also filed a memo to that effect. Thereafter, the Registry was directed to print the names of the appellants in the cause-list.Today, the Second Appeal is listed by printing the names of the appellants in the cause-list. There is no representation for the appellants. The learned counsel for the second respondent is present and he is ready to get along with the Second appeal. 2.Therefore, the Second Appeal is dismissed for default. No costs.

03.06.2024

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Additional Subordinate Judge, Thanjavur.

2.The District Munsif, Thiruvayyaru.

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A.NO.104 OF 2002 03.06.2024