Sundarrajan vs Shanmugavelsami (Died) ... 1St
2022 Latest Caselaw 17704 Mad

                                                                                  S.A.(MD) No.232 of 2005



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 17.11.2022

                                       CORAM : JUSTICE N.SESHASAYEE

                                              S.A.(MD) No.232 of 2005
                                                        and
                                         C.M.P.(MD) Nos.2094 & 2095 of 2005
                                                        and
                                            C.M.P.(MD) No.5201 of 2020

                     Sundarrajan                                     ... Appellant/Appellant/
                                                                         1st Defendant

                                                            Vs

                     1.Shanmugavelsami (Died)                        ... 1st Respondent/
                                                                         1st Respondent/Plaintiff
                     2.Mariammal                                     ... 2nd Respondent/
                                                                         2nd Respondent/2nd Defendant
                     3.Rani
                     4.Murugananthan
                     5.S.Sankar (Died)
                     6.Booma                                         ... Respondents 3 to 6

                     [Respondents 3 to 6 were brought on record as
                     LRs of the deceased 1st respondent vide order
                     dated 21.11.2016 made in M.P.(MD).Nos.1 to 3
                     of 2014 in S.A.(MD) No.232 of 2005]

                     7.Shanmugavalli
                     8.Senthur

                     _________
                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                 S.A.(MD) No.232 of 2005



                     9.Surya Prakash                               ... Respondents 7 to 9

                     [Respondents 7 to 9 were brought on record as
                     LRs of the deceased 5th respondent vide order
                     dated 10.12.2020 made in C.M.P.(MD) Nos.1251
                     & 1252 of 2018 in S.A.(MD) No.232 of 2005]


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside
                     the judgment and decree dated 08.10.2004 made in A.S.No.26 of 2003 on
                     the file of the Sub Court, Paramakkudi, confirming the judgment and decree
                     dated 28.02.2003 made in O.S.No.68 of 2001 on the file of the District
                     Munsif's Court, Paramakkudi.

                                   For Appellant     :      Mr.D.Nallathambi

                                   For Respondents :        No appearance for R3, R4 & R6


                                                   JUDGMENT

This matter is listed today under the caption 'notice section default cases'.

2. On 02.11.2022, this Court directed the appellant to take notice on

respondents 2 and 7 to 9 and file proof of service. Till date no proof of

service has been filed, which shows that the appellant is not interested in

prosecuting the appeal, which is of the year 2005. Hence, this Court is

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https://www.mhc.tn.gov.in/judis S.A.(MD) No.232 of 2005

constrained to dismiss the appeal. Accordingly, this Second Appeal is

dismissed. No costs. Consequently, connected miscellaneous petitions are

dismissed.

17.11.2022 Internet:Yes Index:Yes/No

abr

To

1.The Sub Judge, Paramakkudi.

2.The District Munsif, Paramakkudi.

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.(MD) No.232 of 2005

N.SESHASAYEE, J.

abr

S.A.(MD) No.232 of 2005

17.11.2022

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