Subramania Nattar(Died) vs Represented By Arumugam(Died)
2024 Latest Caselaw 8270 Mad

Madras High Court

Subramania Nattar(Died) vs Represented By Arumugam(Died) on 3 June, 2024

    2024:MHC:2138



                                                       1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED:03.06.2024

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                            S.A.NO.104 OF 2002

                     1.Subramania Nattar(died)

                     2.Mangayarkarasi

                     3.Indira

                     4.Muthu Rasu

                     5.Gunasekaran

                     6.Kalyani                     :Defendant/Respondent/Appellants

                                            .vs.

                     1,Nataraja Nattar,

                        represented by Arumugam(died), son of Parimala Gounder

                     2.A.Shanmuga Sundaram

                     3.Selvi                       :Plaintiff/Appellant/Respondents

                     (Second respondent was brought on record as LR of the deceased
                     sole respondent as per order of this Court made in M.P(MD)No.1
                     to 3 of2008 in S.A.No.104 of 2002, dated 09.03.2016)

                     (Appellants 2 to 6 are brought on record as Lrs of the deceased
                     sole appellant and respondents 3 and 4 are brought on record as
                     legal representatives of the deceased sole appellant as per order of
                     this Court made in M.P(MD)No.1 of 2014 in S.A.NO.104 of 2002,
                     dated 9.3.2016)


                     PRAYER: Second Appeal filed under Section 100 of Civil Procedure
                     Code against the judgment and decree made in A.S.No.47 of 2000,
https://www.mhc.tn.gov.in/judis
                                                            2

                     dated 31.07.2001,on the file of Additional Subordinate Judges
                     Court, Thanjavur, reversing the judgment and decree made in
                     O.S.No.68 of 1999, dated 17.8.2000, on the file of District Munsif
                     Court, Thiruvayyaru.


                                       For Appellants           :No appearance

                                       For Respondent-1         :Died

                                       For Respondent-2         :Mr.G.Sridharan


                                                    JUDGMENT

*************

When the Second Appeal was taken up for hearing on

23.01.2024, the learned counsel for the appellants submitted that

he had handed over the papers along with change of vakalath to

the parties. He also filed a memo to that effect. Thereafter, the

Registry was directed to print the names of the appellants in the

cause-list.Today, the Second Appeal is listed by printing the names

of the appellants in the cause-list. There is no representation for

the appellants. The learned counsel for the second respondent is

present and he is ready to get along with the Second appeal.

2.Therefore, the Second Appeal is dismissed for default. No

costs.

03.06.2024

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

Index:Yes/No

Internet:Yes/No

NCC:Yes/No

vsn

To

1.The Additional Subordinate Judge, Thanjavur.

2.The District Munsif, Thiruvayyaru.

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

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

S.SOUNTHAR, J.

vsn

JUDGMENT MADE IN S.A.NO.104 OF 2002

03.06.2024

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