Raja vs Rajaprabha @ Sudhareshini
2023 Latest Caselaw 15667 Mad

Madras High Court

Raja vs Rajaprabha @ Sudhareshini on 5 December, 2023

Author: G.Chandrasekharan

Bench: G.Chandrasekharan

                                                            1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 05.12.2023

                                                         CORAM:

                             THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                               S.A(MD)NO.733 OF 2021
                                                        and
                                              C.M.P(MD)No.9733 of 2021


                     Raja                                :Appellant/Appellant/Defendant

                                                  .vs.

                     1.Rajaprabha @ Sudhareshini

                     2.R.Sudhareshan                     :Respondents/Respondents/Plaintiffs


                     PRAYER: Second Appeal filed under Section 100 of Civil Procedure
                     Code against the judgment and decree              made in O.S.No.303 of
                     2011, dated 27.06.20214, on the file of the District Munsif Court,
                     Uthamapalayam confirming the judgment and decree made in
                     A.S.No.29 of 2014, dated 4.12.2020, on the file of Subordinate
                     Court, Uthamapalayam.


                                       For Appellant            :No appearance

                                       For Respondents          :Mr.R.R.Kannan
                                             1 and 2

                                                   JUDGMENT

*********

This Second Appeal is filed against the judgment and decree

made in O.S.No.303 of 2011, dated 27.06.20214, on the file of the

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District Munsif Court, Uthamapalayam and the judgment and

decree made in A.S.No.29 of 2014, dated 4.12.2020, on the file of

Subordinate Court, Uthamapalayam.

2.The suit was filed seeking the relief of declaration that the

unilateral cancellation of partition deed, dated 09.11.2000 through

Cancellation of Partition Deed, dated 26.04.2011 as null and void

and for recovery of possession and for other incidental reliefs. Both

the Courts below have concurrently decreed the suit in favour of the

plaintiffs. Despite giving sufficient opportunity to the appellant, the

appellant has not come forward to make his submission. Therefore,

this Second Appeal was ordered to be posted under the caption’’for

dismissal’’ today. Accordingly, this Second Appeal is posted today

before this Court under the caption ‘’for dismissal’’.Today also, there

is no representation for the appellant.

3.In the said circumstances, the Second Appeal is dismissed

for non-prosecution. No costs. Consequently, connected

Miscellaneous Petition is closed.

05.12.2023

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

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Sub-Judge, Uthamapalayam.

2.The District Munsif, Uthamapalayam.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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G.CHANDRASEKHARAN,J.

vsn

JUDGMENT MADE IN S.A(MD)NO.733 OF 2021 and

05.12.2023

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