Chennimalai Gounder (Died) vs Smt.Chinnammal (Died)
2023 Latest Caselaw 15024 Mad

Madras High Court

Chennimalai Gounder (Died) vs Smt.Chinnammal (Died) on 27 November, 2023

                                                                                S.A.No.1195 of 2008


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27.11.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                               S.A.No.1195 of 2008
                                                       and
                                                M.P.No.1 of 2008

                     1. Chennimalai Gounder (Died)

                     2.K.Sarojini

                     3.S.Selvaraj

                     4.C.Balu

                     5.K.Datchanamurthy

                     6.Anitha

                     7.K.Dineshmurthy                                         ...Appellants
                     ( Appellants 2 to 7 brought on record as legal
                     heirs of the deceased sole appellant viz., Chennimalai
                     Gounder vide order of Court dated 24.06.2019 made in
                     C.M.P.No.12917,12920 and 12922 of 2019 in
                     S.A.No.1195 of 2008 by NSSJ)
                                                           Vs
                     1.Smt.Chinnammal (Died)

                     2.Ponmalai

                     1/5



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                                                                                S.A.No.1195 of 2008




                     3.V.Kumarasamy

                     4.V.K.Muthusamy @ V.K.Natchimuthu(died)

                     5.Marimuthu

                     6..Duraisamy

                     7.Sampoornam

                     8.Jaganathan

                     9.Thilagamani

                     10.Smt.Pavayee

                     11.Smt.Thangammal

                     12.Subramani

                     13.Ayya Kannu

                     14.B.Saroja

                     15.K.Bakkiyalakshmi

                     16.C.Kalaiarasi                                          ...
                     Respondents
                     ( Respondents 14 to 16 brought on record as legal
                     heirs of the deceased R4 viz., V.K. Muthusamy @ V.K. NAtchimuthu
                     vde Court order dated 27.08.2019 made in
                     C.M.P.No.12968 of 2019 in
                     S.A.No.1195 of 2008 by NSSJ)

                     2/5



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                                                                                       S.A.No.1195 of 2008




                     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.107 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.2 of 1996 on

                     the file of the 1st Additional Subordinate Judge, Erode.



                                      For Appellants   :    No Appearance

                                      For Respondents :     Mr.S.Kaithamalaikumaran
                                                            R2, 5 to 15.
                                                            Served -R3
                                                            Not Known – R16
                                                            Died steps taken. – R1 & R4


                                                       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

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

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

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

and

27.11.2023

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