Madras High CourtSA/967/2002dismissed as abated

Govindan (Died) v. Ramakrishnan, (Died)

2025-03-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Govindan (Died) 2.Ramu ... Appellants/Respondents 1 & 3/Plaintiffs 1 & 3 3.Meenammal 4.Palani ... Appellants (Appellants 3 & 4 are brought on record as the legal heirs of the deceased 1st appellant by the order dated 23.04.2009 in M.P.(MD).Nos.1 to 3 of 2008) Vs.

1.Ramakrishnan (Died) 2.Govindan (Died) ... Respondents/Appellants/Defendants 1 & 2 3.Krishnan 4.Mari 5.Poornam ... Respondents/Respondents 2, 4 & 5/ Plaintiffs 2 & 4 and Defendant No.3.

6.Sethakasai 7.Raja Kannan ... Respondents (Respondents 6 & 7 were brought on record as LRs of the deceased R2 vide Court order dated 05.08.2013 in M.P.(MD).Nos.1 to 3 of 2011) 8.Thambiraja 9.Latha 10.Umashanthi 11.Manjula 12.Jeyasudha ... Respondents 1/4

(Respondents 8 to 12 were brought on record as the Lrs of the deceased R1 vide Court order dated 20.07.2023 made in C.M.P.(MD).Nos.7915 to 7919 of 2018) PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree of the Principal District Judge, Ramanathapuram, made in A.S.No.45 of 1999, dated 12.07.2000, reversing the decree and Judgment of the Court of the District Munsif, Paramakudi, made in O.S.No.94 of 1996, dated 24.11.1998.

For Appellants : No Appearance For Respondents : Ms.P.Malini for R6, 7, 8, 10 & 12.

JUDGMENT

On 09.01.2024, it is brought to the notice of this Court that the learned counsel for the appellants is no more. Therefore, Registry was directed to send notice to the appellants 2 to 4. Notice sent by the Registry were returned with an endorsement that A3 - dead, A4- Left and for A2 service awaited. Later A2 was served. But, none appears on behalf of the appellants on 07.03.2025. Hence, the name of the appellants 2 and 4 are ordered to be printed in the cause list. Even though the name of the appellants 2 and 4 are printed in the cause list, today, there is no 2/4

representation for them. The counsel for the respondents 7, 8, 10 & 12 is present. In view of the same, this second appeal is dismissed as default. No costs.

11.03.2025 Index :

Yes / No Internet :

Yes / No TM To 1.The Principal District Judge, Ramanathapuram. 2.The District Munsif, Paramakudi.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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