Madras High CourtSA/1274/2002dismissed for default

T.Raju v. N.Perumal

2023-08-08Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY T.Raju ...Appellant vs.

1.N.Perumal 2.Thangaraj 3.Mooken 4.Machakkalai ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 29.06.2001 in A.S.No. 187 of 1997 on the file of the Principal District Judge, Dindigul setting aside the Judgment and Decree dated 21.11.1997 in O.S.No.795 of 1996 on the file of the District Munsif Court, Dindigul. For Appellant :

No appearance For Respondents :

No appearance

JUDGMENT

This court by virtue of order dated 06.07.2023 dismissed the applications in C.M.P.(MD)Nos.3968 and 3969 of 2004 for default,

which were filed to set aside the abatement and bring on record the legal representatives of the deceased respondents 1 and 2.

2. Under these circumstance, this Second Appeal is listed today. Since the applications filed for taking steps for the deceased respondents 1 and 2 were dismissed by this Court and the relief against the respondents 3 and 4 was already given up, nothing survives for further adjudication in the present appeal. Therefore, the Second Appeal is dismissed for default. No costs.

08.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Principal District Judge, Dindigul 2.The District Munsif, Dindigul 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 08.08.2023