Adidravidar Uravinmurai Makkal vs Marimuthu Thevar (Died)
2023 Latest Caselaw 1282 Mad

                                                                             S.A(MDNo.197 of 2005

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 01.02.2023

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                             S.A(MD)No.197 of 2005


                 Adidravidar Uravinmurai Makkal
                 through its Present president,
                 Mr.P.Muthu,
                 S/o.Periyapandi
                 Ramasamypuram,
                 Aruppukkottai Town.                                      ...Appellant

                 (Cause title accepted vide order dated
                 24.02.2005 made in C.M.P(MD) No.1570 of 2005)

                 (Name of the appellant is substituted vide Court order
                 dated 10.12.2021 made in C.M.P(MD) No.10166 of 2021
                 in S.A(MD) No.197 of 2005)

                                                      -Vs-
                 1.Marimuthu Thevar (died)

                 2.Aruppukkottai Municipality
                   Throught its Commissioner,
                   Aruppukkottai Town.
                 3.Mahendran
                 4.Karuppasamy Pandiyan


                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MDNo.197 of 2005

                 5.Janaki Ramachandran
                 (R3 to R5 are brought on record as LRs of the deceased
                 R1 vide Court order dated 06.04.2022 made in
                 C.M.P(MD) No.1 of 2022                                        ... Respondents


                 PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
                 Procedure, to set aside the judgment and decree passed in A.S.No.214 of 2001
                 dated 26.04.2001 on the file of the Subordinate Judge, Aruppukkottai, confirming
                 the judgment and decree passed in O.S.No.186 of 1998 dated 15.12.2000 on the
                 file of the District Munsif, Aruppukkottai.


                                          For Appellant     : No appearance


                                          For Respondents : No appearance


                                                          JUDGMENT

When the matter was taken up for hearing on 24.01.2023, the learned

counsel for the appellant filed a memo stating that she had handed over the papers

to the appellant. Therefore, the Registry was directed to remove the name of the

learned counsel for the appellant and print the name of the appellant in the cause

list and post the matter on 30.01.2023.

https://www.mhc.tn.gov.in/judis S.A(MDNo.197 of 2005

2. On 30.01.2023, the second appeal appeared in the list by printing the

name of the appellant, there was no representation for the appellant. Therefore,

in order to give an opportunity to the appellant, the matter was adjourned to today

(i.e.,) 01.02.2023 with a direction to the Registry to post the second appeal under

the caption for dismissal.

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

Second Appeal is dismissed for default. However, there shall be no order as to

costs.

                                                                                     01.02.2023

                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No
                 cp

                 To

1.The Subordinate Judge, Aruppukkottai.

2. The District Munsif, Aruppukkottai.

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

https://www.mhc.tn.gov.in/judis S.A(MDNo.197 of 2005

S.SOUNTHAR, J.

CP

S.A(MD)No.197 of 2005

01.02.2023

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