Muthukumarasamy vs The Commissioner
2024 Latest Caselaw 15041 Mad

Madras High Court

Muthukumarasamy vs The Commissioner on 2 August, 2024

                                                                          S.A.(MD) No.1097 of 2009


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.08.2024

                                                      CORAM:

                                      THE HONOURABLE MR.JUSTICE S.SOUNTHAR


                                              S.A. (MD) No.1097 of 2009


                 1.Muthukumarasamy

                 2.Vellaiyappan

                 3.Sundaram

                 Muthupetchi Ammal (died)

                 4.Sankaranarayana Ramasamy

                 5.Subbulakshmi Ammal

                 6.Sundara Ramalakshmi

                 7.Muthusamy Pillai                                          ... Appellants

                                                        -vs-

                 The Commissioner,
                 Panchayat Union,
                 Srivaikundam                                                ... Respondent



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

                 Procedure against the judgment and decree, dated 30.12.2008, passed in


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                                                                              S.A.(MD) No.1097 of 2009


                 A.S.No.147 of 2007 on the file of Subordinate Judge, Tuticorin, confirming

                 the judgment and decree, dated 13.09.2007, passed in O.S.No.325 of 2004 on

                 the file of District Munsif, Srivaikundam.



                                  For Appellants   : No appearance

                                  For Respondent   : No appearance



                                                       JUDGMENT

When the Second Appeal was taken up for hearing on 05.07.2024,

there was no representation for the appellants. Hence, in order to give an

opportunity to the appellants, the Registry was directed to list the matter on

12.07.2024.

2. On 12.07.2024, the learned counsel for the appellants

appeared before the Court and submitted that the appellants 1 and 5 were no

more. Hence, at his request, the matter was adjourned to 23.07.2024 for

taking steps. On 23.07.2024, the learned counsel for the appellants appeared

before the Court and requested for further time. Hence, at his request, the

matter was adjourned to today, with a direction to the Registry to list the

matter under the caption ''for orders''.

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3. Today, when the matter is listed under the caption ''for orders'',

there is no representation for the appellants during first call as well as second

call.

4. Hence, the Second Appeal is dismissed for default. No costs.

                                                                                          02.08.2024
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 dixit




                 To:

                 1.Subordinate Judge,
                   Tuticorin.

                 2.District Munsif,
                   Srivaikundam.

                 3.Section Officer,
                   V.R. Section,

Madurai Bench of Madras High Court.

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

S.SOUNTHAR, J.

dixit

02.08.2024

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