Sivathapandi vs Petchiammal
2022 Latest Caselaw 10733 Mad

                                                                            S.A(MD)No.365 of 2017

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 21.06.2022

                                                     C O R A M

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                         S.A(MD)No.365 of 2017 and
                                          CMP(MD)No.7706 of 2017

                1.Sivathapandi
                2.Muthumadasamy
                3.Paulmurugan
                4.Karupasamy                        ...Appellants / Respondents
                                                                  / Defendants
                                                         Vs.
                1.Petchiammal
                2.Dhanalakshmi
                3.Subramanian
                4.Deivakani
                5.Ganesan
                6.Velraj                            ... Respondents / Appellants
                                                                        / Plaintiff
                PRAYER: Second Appeal is filed under Section 100 of the
                Code of Civil Procedure, 1908, to set aside the judgment
                and decree dated 14.03.2014 in A.S.No.33 of 2012 on the
                file of the Subordinate judge, Kovilpatti in reversing
                the judgment and decree dated 14.10.2011 made in O.S.No.9
                of       2009     on   the   file    of    the   District     Munsif    Court,
                Vilathikulam pending disposal of the second appeal.


                                  For Appellant           : No appearance
                                  For Respondent          : Mr.G.Prabhu Rajadurai
                                  No.1
                                  For Respondent          : Mr.Siva Thilagar
                                  Nos.3,5 & 6

                                                     JUDGMENT

https://www.mhc.tn.gov.in/judis S.A(MD)No.365 of 2017

It is seen from records that on 07.09.2017,

the learned Counsel for the appellants reported

no instruction and hence, this Court ordered notice to

the appellants. Accordingly notice was served on the

appellants. Despite, there was no representation for the

appellants on 16.06.2022, when the appeal was taken up

for hearing. Therefore, the appeal was directed to be

listed under the caption for dismissal.

2.Even today, despite the appeal being listed under

the caption for dismissal and the appellants' names being

printed in the cause list, there is no representation for

the appellants.

3.In view of the above, this second appeal is

dismissed for default. No costs. Consequently, connected

miscellaneous petition also stands dismissed.

21.06.2022

dsk

To

1.The Sub Judge,

https://www.mhc.tn.gov.in/judis S.A(MD)No.365 of 2017

Kovilpatti.

2.The District Munsif, Vilathikulam

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

https://www.mhc.tn.gov.in/judis S.A(MD)No.365 of 2017

B.PUGALENDHI., J

dsk

JUDGMENT MADE IN

S.A(MD)No.365 of 2017

21.06.2022

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