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Perumal vs Murugan
2021 Latest Caselaw 25366 Mad

Citation : 2021 Latest Caselaw 25366 Mad
Judgement Date : 23 December, 2021

Madras High Court
Perumal vs Murugan on 23 December, 2021
                                                                     S.A.Nos.290 and 291 of 2010
                                                                                              &
                                                                    C.R.P (NPD).No.2555 of 2010


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 23.12.2021

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE R. PONGIAPPAN

                                          S.A.Nos.290 and 291 of 2010
                                                      and
                                            M.P.Nos.1 and 1 of 2010
                                                      and
                                          C.R.P(NPD) No.2555 of 2010


                  1.Perumal
                  2.Selvaraj                                .. Appellants in both S.As.
                                                               and in C.R.P.

                                                      Vs
                  1.Murugan
                  2.Ramadoss
                  3.Muthu
                  4.Chandrasekaran
                  5.Kathirvelu
                  6.Yesothammal
                  7.Devakiammal
                  8.Parimala
                  9.Saravanan
                  10.Sathishkumar                            .. Respondents in both S.As.
                  (Respondents 5 to 10 are not contesting       and in C.R.P.
                  parties. Therefore they are not necessary
                  parties in the present C.R.P. and they are
                  hereby given up)

                  Prayer in both Second Appeals: The Second Appeals are filed under
                  Section 100 of C.P.C. against the judgment and decree of the learned
                  Principal Subordinate Judge of Chengalpattu dated 14.09.2009 in
                  A.S.Nos.117 of 2006 and 83 of 2008, respectively, confirming the
                  judgement and decree of the learned District Munsif cum Judicial
                  Magistrate of Thirukazhukundram dated 23.11.2006 in O.S.Nos.76 and
                  75 of 2003, respectively.
https://www.mhc.tn.gov.in/judis

                  1/4
                                                                        S.A.Nos.290 and 291 of 2010
                                                                                                 &
                                                                       C.R.P (NPD).No.2555 of 2010

                  Prayer in Civil Revision Petition: This Civil Revision Petition is filed
                  under Article 227 of the Constitution of India against the fair and
                  decreetal orders of the learned Principal Subordinate Judge of
                  Chengalpattu dated 14.09.2009 in I.A.No.128 of 2009 in A.S.No.83 of
                  2008.


                  In both Second Appeals

                                  For Appellants           :   No appearance

                                  For Respondents-1 to 4   :   Mr.K.Goviganesan

                                  For Respondents-5,6 & 9 :    No appearance

                                  For Respondents-7,8 & 10:    Not ready in notice

                  In Civil Revision Petition

                                  For Appellants           :   No appearance

                                  For Respondents-1 to 4   :   Mr.K.Goviganesan

                                  For Respondents-5 to 10 :    Given up


                                               COMMON JUDGMENT


                            On 09.12.2021, when these cases were came up for hearing,

                  Mr.Vigneshwar        (Enrl.No.1720/2014),    learned    counsel      for    the

                  appellants/revision petitioners appeared before this and reported “No

                  Instructions” from the appellants/revision petitioners. Hence, in view of

                  the same after recording the said submission, this Court directed the

                  Registry to print the name of the appellants/revision petitioners in the

                  cause-list and to list these matters under the caption 'For Dismissal' on

https://www.mhc.tn.gov.in/judis

                  2/4
                                                                         S.A.Nos.290 and 291 of 2010
                                                                                                  &
                                                                        C.R.P (NPD).No.2555 of 2010

                  23.12.2021. Accordingly, these cases were listed today under the

                  caption 'For dismissal'.



                            2.    Today,   (i.e.23.12.2021),   though   the   names       of   the

                  appellants/revision petitioners are printed in the cause-list, there is no

                  representation on behalf of the appellants/revision petitioners either in

                  person or through counsel. The learned counsel appearing for the

                  respondents 1 to 4 is present. Therefore, the non appearance of

                  appellants/revision petitioners shows that they are not interested in

                  proceeding with these second appeals and revision petition.



                            3. Hence, in view of the above, these Second Appeals are

                  dismissed for default. Since the Second Appeals are dismissed for

                  default, the Civil Revision Petition, which has been filed challenging the

                  order passed in I.A.No.128 of 2009 in A.S.No.83 of 2008 is also

                  dismissed. No costs. Consequently, connected miscellaneous petitions

                  are closed.




                                                                                     23.12.2021


                  Internet : Yes/No
                  Index   : Yes/No
                  rsi
https://www.mhc.tn.gov.in/judis

                  3/4
                                                                   S.A.Nos.290 and 291 of 2010
                                                                                            &
                                                                  C.R.P (NPD).No.2555 of 2010

                                                                   R. PONGIAPPAN, J.

rsi

To

1.The Principal Subordinate Judge, Chengalpattu.

2.The District Munsif-cum-Judicial Magistrate Thirukazhukundram.

S.A.Nos.290 and 291 of 2010 and M.P.Nos.1 and 1 of 2010 and C.R.P(NPD) No.2555 of 2010

23.12.2021

https://www.mhc.tn.gov.in/judis

 
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