V.Peria Thambi (Died) vs Smt.Chinnammal (Died)
2023 Latest Caselaw 15023 Mad

Madras High Court

V.Peria Thambi (Died) vs Smt.Chinnammal (Died) on 27 November, 2023

                                                                                      S.A.No.1194 of 2008


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 27.11.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                               S.A.No.1194 of 2008
                                                       and
                                                M.P.No.1 of 2008

                     V.Peria Thambi (died)

                     2.Rajammal

                     3.Poovaiyal

                     4.S.Kalaiarasi

                     5.P.Nallasivam                                                 ...Appellants

                     ( A1 died A2 to A5 brought on record as legal
                     heirs of the deceased A1 vide order dated 05.04.2022 made in
                     C.M.P.No.20758 of 2021 in
                     S.A.No.1194 of 2008 by RHJ)

                                                        Vs

                     Smt.Chinnammal (Died)

                     1.Smt.Pongiammal

                     2.Ponmalai

                     1/5



https://www.mhc.tn.gov.in/judis
                                                         S.A.No.1194 of 2008




                     3.V.Kumarasamy


                     4.Balasubramaniam

                     5.S.T.Palanisamy

                     6.V.K.Muthusamy @ V.K.Natchimuthu

                     7.Marimuthu

                     8.Duraisamy

                     9.Sampoornam

                     10.Jaganathan

                     11.Thilagamani

                     12.Smt.Pavayee

                     13.Smt.Thangammal

                     14.Subramani

                     15.Ayya Kannu

                     16.T.Palanisami

                     17.B.Saroja

                     18.K.Bakkiyalakshmi


                     2/5



https://www.mhc.tn.gov.in/judis
                                                                                          S.A.No.1194 of 2008




                     19.C.Kalaiarasi                                                ...
                     Respondents

                     ( Respondents 17 to 19 brought on record as legal
                     heirs of the deceased R6 viz., V.K. Muthusamy @ V.K. Natchimuthu
                     vide Court order dated 27.08.2019 made in
                     C.M.P.No.12934 of 2019 in
                     S.A.No.1194 of 2008 by NSSJ)
                     Prayer: This Second Appeal is filed under Section 100 of C.P.C to set aside
                     the Judgment and decree dated 30.01.2008 passed in A.S. No.106 of 2006
                     on the file of the learned 1st Additional District Judge, Erode confirming the
                     Judgement and Decree dated 31.07.2006 passed in O.S. No.4 of 1996 on
                     the file of the 1st Additional Subordinate Judge, Erode.
                                      For Appellants   :    No Appearance

                                      For Respondents :     Mr.S.Kaithamalaikumaran
                                                            R2, 4, 5, 7 to 15, 17 to 19.
                                                            No Appearance
                                                            R1, R3, R6 & R16


                                                       JUDGMENT

When the matter was listed on 17.11.2023 there was no

representation for the appellants. Hence, the second appeal was posted today

under the caption “for dismissal”. The learned counsel for the respondent is

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

present. Despite the second appeal is listed under the caption “for dismissal”

there is no representation for the appellants. Hence, this second appeal is

dismissed for default. No costs. Consequently, the connected miscellaneous

petition is closed.

27.11.2023

smn Index : Yes/No Speaking order/non-speaking order

To:

1. The 1st Additional District Judge, Erode.

2. The 1st Additional Subordinate Judge, Erode.

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

C.KUMARAPPAN, J.,

smn

S.A.No.1194 of 2008 and

27.11.2023

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