Sumathi vs Sellaperumal
2024 Latest Caselaw 15064 Mad

Madras High Court

Sumathi vs Sellaperumal on 2 August, 2024

                                                                          S.A.(MD) No.1187 of 2008


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.08.2024

                                                      CORAM:

                                      THE HONOURABLE MR.JUSTICE S.SOUNTHAR


                                              S.A. (MD) No.1187 of 2008


                 Sumathi,
                 rep.by her General Power Agent
                 Duraisamy Odayar                                            ... Appellant

                                                        -vs-

                 1.Sellaperumal

                 2.Rajalakshmi (died)

                 3.Ramachandran

                 4.Manivannan                                                ... Respondents



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

                 Procedure against the judgment and decree, dated 17.09.2007, passed in

                 A.S.No.31 of 2006 on the file of Principal Subordinate Judge, Kumbakonam,

                 confirming the judgment and decree, dated 08.09.2005, passed in O.S.No.338

                 of 2003 on the file of I Additional District Munsif, Kumbakonam.




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                                                                                S.A.(MD) No.1187 of 2008



                                  For Appellant     : No appearance

                                  For Respondents   1, 2 & 4 : No appearance

                                  Respondent No.3 : Dismissed



                                                        JUDGMENT

When the Second Appeal was taken up for hearing on 25.07.2024,

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

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

01.08.2024. On 01.08.2024, when the matter was taken up for hearing, again

there was no representation for the appellant. Hence, the Registry was

directed to list the matter under the caption ''for dismissal'' today.

2. Even today, when the matter is listed under the caption ''for

dismissal'', during the first call, the learned counsel for the appellant appeared

and submitted that he was not ready to get along with the matter. His request

for adjournment was rejected and the matter was passed over to enable the

learned counsel to address the Court on the merits of the case. During the

second call, there is no representation for the appellant.

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3. 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.Principal Subordinate Judge, Kumbakonam.

2.I Additional District Munsif, Kumbakonam.

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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