S.Mariaraj (Died) vs N.Malairaj
2022 Latest Caselaw 18292 Mad

                                                                                      S.A.No.862 of 2000



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 22.12.2022

                                                        CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                                   S.A.No.862 of 2000

                     1.S.Mariaraj (Died)
                     2.G.Lucas
                     3.A.Viyakulam
                     4.S.Innasimuthu (Died)           ... Appellants/Appellants/
                                                          Defendants 1 to 4
                     (for themselves and on behalf of Christian
                     Community at Therku Keeranur Gramam)

                     [Memo dated 24.02.2014 in USR No.1038 is
                     recorded as appellants 1 and 4 died vide order
                     dated 29.01.2021 in S.A.No.862 of 2000]


                                                            Vs

                     1.N.Malairaj
                     2.K.Chellam Udayar
                     3.Sathiah Servai (Died)                 ... Respondents 1 to3/
                                                                 Respondents 1 to 3/Plaintiffs
                     (for themselves and on behalf of
                     Hindu Community at Therku Keeranur )



                     _________
                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.862 of 2000



                     4.Government of Tamil Nadu,
                       Rep., by the Collector,
                       Sivaganga District, Sivagangai.        ... 4th Respondent/4th Respondent/
                                                                  5th Defendant

                     5.Palani Selvam                          ... 5th Respondent

                     [5th respondent – brought on record as LR of
                     the deceased 3rd respondent vide order dated
                     29.01.2021 made in C.M.P.(MD) Nos.10211,
                     10214 & 10215 of 2019 in S.A.No.862 of 2000]


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside
                     the judgment and decree dated 08.12.1998 made in A.S.No.10 of 1998 on
                     the file of the Sub Court, Sivaganga confirming the judgment and decree
                     dated 28.08.1997 made in O.S.No.73 of 1993 on the file of the District
                     Munsif Court, Manamadurai.

                                       For Appellants   :     No appearance

                                       For R1           :     No appearance

                                       R2 & R3          :     Died

                                       For R4           :     Mr.D.Gandhi Raj
                                                              Special Government Pleader

                                                        JUDGMENT

Learned counsel for the appellants reported 'no instructions' on

16.03.2022. Recording the same, this Court directed the Registry to print

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https://www.mhc.tn.gov.in/judis S.A.No.862 of 2000

the name of the appellants and post the case for hearing. Thereafter, when

the matter was listed on 20.12.2022, there was no representation for the

appellants. In order to given an opportunity to the appellants, the second

appeal was adjourned with a direction to the Registry to comply with the

order dated 16.03.2022 and post the matter under the caption 'for dismissal'.

Even today, there is no representation for the appellants. Hence, this

Second Appeal is dismissed for default. No costs.

22.12.2022 Internet:Yes Index:Yes/No

abr

To

1.The Sub Judge, Sivaganga.

2.The District Munsif, Manamadurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis S.A.No.862 of 2000

S.SOUNTHAR, J.

abr

S.A.No.862 of 2000

22.12.2022

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