Sadasivam vs Gopalakrishnan
2024 Latest Caselaw 7538 Mad

Madras High Court

Sadasivam vs Gopalakrishnan on 5 April, 2024

                                                                    S.A(MDNo.626 of 2006

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 05.04.2024

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                            S.A(MD)No.626 of 2006
                                                    and
                                             M.P(MD)No.1 of 2006

                 Sadasivam                                          ...Appellant

                                                     -Vs-

                 1.Gopalakrishnan

                 2.Arulmighu Peria Swamy Kovil Trust,
                   Agasteeswaram
                  Represented by its Trustee
                  Defendants 2 to 8 (Respondents 3 to 8 herein)
                  Agasteeswaram,
                  Kanyakumari District.

                 3.Vasanthakumar

                 4.Thangathurai

                 5.Ponsamy

                 6.Ramasundaram

                 7.Ramachandran

                 8.Arumugaperumal                                   ... Respondents

                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                   S.A(MDNo.626 of 2006

                 PRAYER: Second Appeal is filed under Section 100 of the Code of Civil

                 Procedure, to set aside the judgment and decree passed in A.S.No.193 of 2004

                 dated 28.11.2005 on the file of the District Court, Kanyakumari at Nagercoil,

                 confirming the judgment and decree passed in O.S.No.82 of 2001, dated

                 28.07.2004, on the file of the Second Additional Sub Court, Nagercoil.

                                          For Appellant     : No appearance

                                          For R1            : Mr.S.Xavier Rajini

                                          For R4 to R7      : Mr.C.Dhanaseelan

                                          For R2, R3, & R8 : No appearance


                                                          JUDGMENT

When the second appeal was taken up for hearing on 03.04.2024, there

was no representation for the appellant in the forenoon as well as afternoon.

Hence, in order to give an opportunity to the appellant, Registry was directed to

list the matter today (i.e.,) 05.04.2024 under the caption 'for dismissal'.

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

2. Even today, there is no representation for the appellant. Hence, this

Second Appeal is dismissed for default. However, there shall be no order as to

costs. Consequently, connected miscellaneous petition is closed.

                                                                                       05.04.2024
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No
                 cp


                 To

                 1.The District Judge,
                   Kanyakumari
                   at Nagercoil.

2. The Second Additional Subordinate Judge, Nagercoil.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

S.SOUNTHAR, J.

cp

05.04.2024

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