Alla Pitchai vs Muthukaruppa Thevar (Died)
2023 Latest Caselaw 6867 Mad

                                                                       S.A.No.2147 of 2001



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 22.06.2023

                                                    CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                              S.A.No.2147 of 2001



                     1.Alla Pitchai
                     2.Mustaffa                                     ...Appellants
                                                      vs.

                     1.Muthukaruppa Thevar (died)
                     2.Sikkander
                     3.Usman
                     4.Abdulkareem
                     5.Pitchai Ammal
                     6.Hameed Beevi (died)
                     7.Balasubramanian
                     8.Ghandi @ Nagalingam
                     9.Manickam
                     10.Valli
                     11.Thenmozhi
                     12.Muthu
                     13.Jothi
                     14.Raja
                     15.Kannan
                     16.Thaleeshwari
                     17.Saravanan
                     18.Jayaraman
                     19.Duraisamy
                     20.Thillaimoorthy


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                                                                                          S.A.No.2147 of 2001



                     21.Saroja
                     22.Nazar Sha
                     23.Mohamed Sha
                     24.Amzed Sha
                     25.Abdul Kalam Azad Sha
                     26.Abul Barakat Sha
                     27.Shathik Sha
                     28.Hajira Fathima                                                 ... Respondent

                     (Respondents 10 to 21 are brought on record as LRs of the deceased 1st
                     respondent as per the order of Court dated 05.10.2015 in M.P(MD)Nos.2
                     to 4 of 2012 in S.A.No.2147 of 2001)

                     (Respondents 22 to 28 are brought on record as LRs of the deceased 6th
                     respondent as per the order of Court dated 05.10.2015 in M.P(MD)No.1
                     of 2015 in S.A.No.2147 of 2001)

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 17.11.1999 in A.S.No.
                     73 of 1998 on the file of the Principal District Court, Ramanathapuram
                     reversing the Judgment and Decree dated 27.02.1998 in O.S.No.173 of
                     1989          on   the   file   of   the Additional    District   Munsif       Court,
                     Ramanathapuram.


                     For Appellants                  :      No appearance

                     For Respondents                 :      Mr.S.Ramesh
                                                            for R10 to R14, R21

                                                            No appearance
                                                            for R1 to R9, R15 to R20, R22 to R28



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                                                                                      S.A.No.2147 of 2001



                                                         JUDGMENT

When the matter is taken up for hearing today, there was no

representation for the appellants. The earlier order of this Court, dated

13.06.2023, directing the learned counsel for the appellants to ascertain

whether Parvathiammal is still alive or not and whether Parvathiammal is

a legal representative of the deceased first respondent or not has not been

complied with.

2. In view of the same, the Second Appeal is dismissed for default

with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the

appellants to the Registry to the credit of S.A.No.2147 of 2001. In case,

the appellants file any application to restore the appeal, Registry is

directed not to take the application on file unless the appellants deposit

the cost imposed by this Court.

22.06.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

https://www.mhc.tn.gov.in/judis S.A.No.2147 of 2001

To

1.The Principal District Court, Ramanathapuram.

2.The Additional District Munsif Court, Ramanathapuram.

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

https://www.mhc.tn.gov.in/judis S.A.No.2147 of 2001

P.VELMURUGAN, J.

mbi

S.A.No.2147 of 2001

22.06.2023

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