K.Arumugham vs Subbathal
2023 Latest Caselaw 9221 Mad

                                                                                        A.S.No.40 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 28.07.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                                  A.S.No.40 of 2013
                                         Cross Objection SR.No.65984 of 2022
                                               C.M.P.No.11986 of 2022

                     1.K.Arumugham
                     2.K.Krishna Gounder @ Krishnan                               … Appellants

                                                            Vs

                     1.Subbathal
                     2.Karunaiammal
                     3.Deivathal (Died)
                     4.Ponmani @ Ponnammal @ Ponnathal (Died)
                     5.Minor Abiram
                     6.Minor Kavindran
                      (both minors are represented by their
                      Chithi Vasanthi, Jamin Kaliapuram, Pollachi)
                     7.Nataraj
                     8.Sakunthala Mani
                     9.Parvathi
                     10.Selvi                                                    ... Respondents

                     (R3 died, RR5 and 6 are brought on record as LRs of the R3 (Deivathal) vide
                     Court order dated 07.07.2022 made in C.M.P.No.18922 of 2021 in A.S.No.40 of
                     2013 and R4 died, RR7 to 10 are brought on record as LRs of the R4 (Ponmani
                     @ Ponnammal @ Ponnathal) vide Court order dated 07.07.2022 made in
                     C.M.P.No.18924 of 2021 in A.S.No.40 of 2013)
                     PRAYER: This First Appeal has been filed under Section 96 of the Civil
                     Procedure Code, seeking to set aside the judgment and decree passed by the learned
                     Additional District Judge and Fast Track Court No.IV, Coimbatore at Tiruppur
                     dated 29.02.2012 passed in O.S.No.559 of 2010.

https://www.mhc.tn.gov.in/judis
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                                                                                             A.S.No.40 of 2013

                                        For Appellants   : No appearance

                                        For Respondents : Mr.B.Kumarasamy for R1
                                                           R2 - Not ready in notice
                                                           R3 & R4 died
                                                           RR5 to 10 - Not ready in notice
                                                             ORDER

When the matter was taken up for hearing on previous occasions dated

18.07.2023 and 26.07.2023, there was no representation on behalf of the

appellants and therefore the matter was directed to be listed on next date of hearing

under the caption for "dismissal".

2.Even today, when the matter came up for hearing, there was no

representation on behalf of the appellants. Hence, the above First appeal is

dismissed for default. Consequently, connected application is also closed.

28.07.2023

Index :Yes/No Speaking order: Yes/ No Neutral Citaion: Yes/ No

K.KUMARESH BABU,J.

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

A.S.No.40 of 2013

gba

A.S.No.40 of 2013 Cross Objection SR.No.65984 of 2022 C.M.P.No.11986 of 2022

28.07.2023

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