Ayee Gounder (Died) vs Marappa Gounder (Died)
2023 Latest Caselaw 238 Mad

                                                                         S.A.No.1495 of 2003

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 04.01.2023

                                                    CORAM

                                    THE HONOURABLE Ms.JUSTICE P.T.ASHA.J

                                               S.A.No.1495 of 2003


                     1. Ayee Gounder (Died)
                     2. Nallammal
                     3. Bavayi
                     4. Kamalam
                     5. Dinesh
                     [Appellants 4 and 5 brought on record
                     as LRs of the deceased 1st appellant,
                     Viz., Ayee Gounder, vide order of Court
                     dated 04.12.2019 made in C.M.P.No.14150,
                     14153 and 14156 of 2019 in S.A.No.1495 of 2003]        .. Appellants

                                                       -Vs.-
                      Marappa Gounder (Died)
                     2. Perumaye
                     3. R.Pavayee
                     4. Thangamani
                     5. Karthi
                     6. Kumar
                     7. Rasammal
                     [Respondents 2 to 7 brought on record as LRs
                     of the deceased sole respondent, viz., Marappa Gounder
                     vide order of Court dated 04.12.2019 made in
                     C.M.P.Nos.22389 and 22390 of 2019 in
                     S.A.No.1495 of 2003]                                   .. Respondents


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                               S.A.No.1495 of 2003

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure Code against the judgment and decree dated 09.07.2008 made in
                     A.S.No.12 of 2002 on the file of the Subordinate Judge, Sankari, reversing
                     the judgment and decree dated 31.07.2002 and made in O.S.No.201 of 1997
                     on the file of the District Munsif Court, Sankari.


                                             For appellant-1 ... Died
                                             For Appellants
                                                   2 to 5    ... Served-No Appearance
                                             For Respondent-1... Died
                                             For Respondents
                                                   2 to 7    .... Mr.S.Shivashanmugam
                                                                 Amicus Curiae,
                                                                 Vide order dated 29.06.2022


                                                        JUDGMENT

On the last occasion, a Memo dated 15.12.2022 was filed by the

erstwhile counsel for the appellants that his clients are not co-operating in

conducting the appeal and that they are reporting “No instructions”. The

learned counsel had also informed the parties that the matter was listed on

the said date. To date, no steps have been taken by the appellants to be

represented before this Court. Today, when the matter is called, there is no

representation on behalf of the appellants, inspite of their names being

https://www.mhc.tn.gov.in/judis S.A.No.1495 of 2003

printed in the cause list. Therefore, this Second Appeal is dismissed as

default. No costs.

04.01.2023

srn To

1. The Subordinate Judge, Sankari,

2. The District Munsif Court, Sankari.

3. The Section Officer, V.R.Section, High Court, Madras

https://www.mhc.tn.gov.in/judis S.A.No.1495 of 2003

P.T.ASHA.J., srn

S.A.No.1495 of 2003

04.01.2023

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