M.Kamalam vs Chellasamy @ K.K.Mani
2021 Latest Caselaw 6405 Mad

                                                                            S.A(MD)No.517 of 2015

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 10.03.2021

                                                     CORAM:

                                     THE HON'BLE MRS.JUSTICE R.THARANI

                                               S.A(MD)No.517 of 2015

                   M.Kamalam                                     ...Appellant/1st Respondent/
                                                                              1st Defendant

                                                     Vs.

                   1.Chellasamy @ K.K.Mani
                   2.Balgunan
                   3.Rajan
                   4.Chellakannu
                   5.Mani                                  ...Respondents 1 to 5/Appellants/
                                                                              Plaintiffs
                                                               th             nd
                   6.Chinnapillai Nadar                    ...6 Respondent/2 Respondent/
                                                                  2nd Defendant
                   PRAYER: Second Appeal filed under Section 100 of the Code of Civil
                   Procedure, to set aside the judgment and decree dated 24.02.2012 made
                   in A.S.No.7 of 2007 on the file of the Subordinate Judge, Kuzhithurai,
                   reversing the judgment and decree dated 12.04.2006 made in O.S.No.62
                   of 1997 on the file of the II Additional District Munsif, Kuzhithurai.


                                     For Appellant   : No appearance

                                     For R3 to R5    : M/s.J.Anandavalli
                                     For R1 and R2   : Dismissed, vide order dated 30.08.2017



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                    Page No.1 of 4
                                                                             S.A(MD)No.517 of 2015

                                                   JUDGMENT

This appeal is pending from the year 2015. By order dated

30.08.2017 this Court directed the appellant to pay batta for the

respondents 1 and 2. Since batta was not paid, the appeal was dismissed

as against the first and second respondents.

2.When the case was listed before this Court on 07.02.2022,

14.02.2022 and 24.02.2022, there was no representation on the side of

the appellant. On 24.02.2022 there was no representation on the side of

the appellant and hence, the case was directed to be listed on 10.03.2022

under the caption “for argument or for orders”.

3.When the matter is taken up for hearing today ie., on 10.03.2022,

there is no representation on the side of the appellant, which shows that

the appellant has not shown any interest to prosecute the appeal and there

is no use in keeping the appeal pending any further.

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

S.A(MD)No.517 of 2015

4. In view of the above, this Second Appeal is dismissed for

default. No costs.

10.03.2022 Index:Yes/No Internet:Yes/No Ns

To

1.The Subordinate Judge, Kuzhithurai.

2.The II Additional District Munsif, Kuzhithurai.

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

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

S.A(MD)No.517 of 2015

R.THARANI, J.

Ns

S.A(MD)No.517 of 2015

10.03.2021

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