Madras High CourtSA/2031/2002dismissed for default

Poomari v. Rajendran @ Sami

2024-06-04Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A.NO.2031 OF 2002 1.Poomari 2.Jeyalakshmi 3.Geetha :Plaintiffs/Appellants/Appellants .vs.

1.Rajendran alias Sami 2.Pakkirimuthu @ Mani 3.Murugan 4.Kandasamy Pandian 5.S.Saroja 6.K.Rajmmal 7.Munisamy 8.Gnanam 9.Chenniah 10.Rati 11.Akila :Defendants 1 to 4 and 6 to12/Respondents/ Respondents PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.144 of 2001, dated 21.12.2001, on the file of Principal District Judge, Tirunelveli

partly confirming the judgment and decree made in O.S.No.120 of 1995, dated3.4.2001, on the file of Additional Subordinate Judge, Thirunelveli.

For Appellants :No appearance For Respondent-1 :Mr.D.Nallathambi for M/s.Sankarasubramanian For Respondents :No appearance 5,7,8,9,10,11 & 6

JUDGMENT

************* When the Second Appeal came up for hearing on 31.01.2024, the learned counsel for the appellants reported ''no instructions''. Therefore, the Registry was directed to remove the name of the learned counsel for the appellants from the cause-list and to print the name of the appellants in the cause-list. The Second Appeal is listed today by printing the names of appellants 1 to 3 in the cause-list.

2.It is seen that the Second Appellant is also dead and a memo to that effect was filed by the learned counsel for the first respondent as early as on 04.01.2022. Till date, no steps have been taken to bring on record the legal representatives of the deceased second respondent. There is no representation for the appellants 1 to 3 inspite of the fact that their names are printed in

the cause-list.

3.Therefore, the Second Appeal is dismissed for default. No costs.

04.06.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Principal District Judge, Thirunelveli.

2.The Additional Sub-Judge, Thirunelveli..

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

S.SOUNTHAR, J.

vsn JUDGMENT MADE IN S.A.NO.2031 OF 2002 04.06.2024