Rahamathullah vs Mainuthin
2021 Latest Caselaw 18465 Mad

                                                                                          S.A.No.846 of 2010


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 08.09.2021

                                                            CORAM:

                                   THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                      S.A.No. 846 of 2010
                                                             and
                                                       M.P. No.1 of 2010

                     1. Rahamathullah
                     2. Kafar Sahib                                                      ... Appellants
                                                              ..Vs..
                     Mainuthin                                                           ... Respondent

                     PRAYER : Second Appeal filed under Section 100 of C.P.C., against the
                     decree and judgment dated 09.10.2006 passed in A.S. No.39 of 1999 on
                     the file of Principal Subordinate Judge, Thiruvannamalai, setting aside the
                     decree and judgement dated 26.02.1999 in O.S.No. 245 of 1996 on the
                     file of the District Munsif cum Judicial Magistrate. Chengam.

                                     For Appellants                    : No appearance
                                     For Respondent                    : Mr. G. Rajan

                                                           JUDGMENT

It is seen from the records that the first appellant died long back

and no steps were taken to implead the legal heirs of the deceased first

appellant till date. The learned counsel for the appellants also reported no

instructions for the appellants on 11.08.2021. Though the name of the

second appellant is printed in the cause list today after issuing notice to

the second appellant, there is no representation on behalf of the second

appellant.

https://www.mhc.tn.gov.in/judis/ S.A.No.846 of 2010

R. HEMALATHA, J.

bga

2. In view of the same, the Second Appeal is dismissed for

default. No costs. Consequently connected miscellaneous petition is

closed.

08.09.2021 Index : Yes/No Internet : Yes/No bga

To

1. The Principal Subordinate Judge, Thiruvannamalai.

2. The District Munsif cum Judicial Magistrate. Chengam.

3. The Section Officer, V.R. Section, High Court, Madras

S.A.No. 846 of 2010 and M.P. No.1 of 2010

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