Madras High Court
Gopalakrishnaswami(Died) vs Venkataswami Naicker(Died) on 19 April, 2023
S.A.No.236 of 1998
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.04.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
S.A.No.236 of 1998
and
C.M.P.No.2461 of 1998
1.Gopalakrishnaswami(Died)
2.Subbulakshmi
3.Rajesh ....9th Defendant/2nd Appellant
Appellant
(A2 and A3 are brought on record as
LRS of the deceased sole appellant vide
Court order dated 30.01.2023)
-Vs-
1.Venkataswami Naicker(Died)
2.Rangaswami Naicker
3.Subramania Naicker
4.Venkataswami
5.Krishnaswami
6.Ramaswami(died)
7.Dhanushkodi
8.Lakshmanan
9.Ellappa Naicker(Died)
10.E.Venkataswami
11.E.Navaneethakrishnan
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S.A.No.236 of 1998
12.E.Guruvammal
13.Janaki
14.Minor Venkatesh
15.Minor Bhuvaneshwari
(Minors 14 to 15 are rept. By their
mother and natural guardianship
13th respondent)
16.Thayammal(Died)
17.Avadaiammal(Died)
18.Thiruppathi
19.Sethuraj
20.Ragaveluchamy
21.Ramasubbu
(R10 to R12 are brought on record as LRS of the
deceased 9th respondent, R13 to R15 are brought on
record as LRS of the deceased 6th respondent, R16 to
R21 are brought on record as LRS of the deceased
R1 vide order dated 03.04.2012)
22.Krishnasamy
23.Subbalakshmi
24.Subburathinam
25.Adhilakshmi
26.Tharmaraj
(R22 to R26 are brought on record as LRS of
the deceased 16th respondent vide Court order
dated 25.04.2022)
27.Kosalai
28.Jeyalakshmi
29.Muthelraj
30.Rajaguru ...Plaintiff &Defendants 2 to
8 & 1st Defendants/
Respondents & 1st Appellants/
Respondents
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S.A.No.236 of 1998
(R27 to R30 are brought on record as LRS of the deceased
17th respondent vide Court order dated 28.01.2022)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree dated 27.08.1987 passed in A.S.No.
145 of 1996 by the Principal Subordinate Court, Srivilliputhur, confirming
the judgment and decree dated 19.02.1996 passed in O.S.No.677 of 1994 by
the Additional District Munsif, Srivilliputhur.
For Appellant : Mr.T.Hariharan
(No appearance)
For R2 to 5, 7,8,
13 to 15, 25 to30 : Mr.A.Sivaji
For R1, 6, 9,16
&17 &22 : Died
For R10 to 12 &
R18 to 21 : No appearance
JUDGMENT
When the second appeal is taken up for hearing today, there is no
representation on behalf of the appellants. The second appeal is pending
from the year 1998 and despite sufficient opportunity was given to the
appellants, they are not ready to proceed with the appeal. It is seen from the
records that R22 died. So for no steps have been taken.
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https://www.mhc.tn.gov.in/judis
S.A.No.236 of 1998
2.In view of the above, this Second appeal is dismissed for default
with cost of Rs.1,00,000/-(Rupees One Lakh only) to be paid before the
Registry (Judicial). In case, the appellants file an application for restoration,
the Registry shall not take the application for restoration on file, unless they
deposit the cost of Rs.1,00,000/-. Consequently, connected C.M.P is closed.
19.04.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Principal Subordinate Court,
Srivilliputhur.
2.The Additional District Munsif,
Srivilliputhur.
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.236 of 1998
P.VELMURUGAN,J.
Ns
S.A.No.236 of 1998
and
C.M.P.No.2461 of 1998
19.04.2023
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https://www.mhc.tn.gov.in/judis
