Alexander (Minor) vs Dhandapani
2024 Latest Caselaw 21755 Mad

Madras High Court

Alexander (Minor) vs Dhandapani on 18 November, 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 18.11.2024

                                                          CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                               S.A.No.1250 of 2011 and
                                                  M.P.No.1 of 2011

                     1.Alexander (minor)
                       Rep. by his Guardian Kaliamurthy

                     2.Kaliamurthy
                                                                    ... Appellants / Plaintiffs
                                                        Vs.

                     Dhandapani                                     ... Respondent / 2nd defendant

                     Prayer: Second Appeal is filed under Section 100 of the Code of Civil
                     Procedure, to set aside the judgment and decree of the Lower Appellate
                     Court, the Principal Sub Judge, Viruthachalam in A.S.No.92 of 2005 on
                     06.02.2006 modifying the judgment and decree of the Trial Court, the 2nd
                     Additional District Munsif Court, Viruthachalam, dated 31.01.2005 passed
                     in O.S.No.229 of 1996.



                                    For Appellants      : No appearance

                                    For Respondent      : Mrs.Nilofar for
                                                          M/s.R.Meenal




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                                                           JUDGMENT

                                  This Second Appeal has been filed to set aside the judgment and

                     decree of the Lower Appellate Court, the Principal Sub Judge,

                     Viruthachalam in A.S.No.92 of 2005 on 06.02.2006 modifying the

                     judgment and decree of the Trial Court, the 2nd Additional District Munsif

                     Court, Viruthachalam, dated 31.01.2005 passed in O.S.No.229 of 1996.



                                  2. Despite the matter has been listed under the caption "for dismissal"

                     on 13.11.2024, this Court has passed the following order:

                                        "On 06.11.2024, when the matter was called, there
                                  was no representation for the appellants and hence, the
                                  matter was directed to be listed on 13.11.2024 (today)
                                  under the caption, "For Dismissal".


                                        2. Accordingly, today, the matter is listed under the
                                  caption, “For Dismissal”.      Today, when the matter was
                                  taken up for hearing, the learned counsel appeared on
                                  behalf of the appellants submitted that she has no
                                  instructions from the appellants.


                                        3. The records shows that on earlier occasions, there
                                  is consecutively no representation on behalf of the


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                                  appellants. The present Second Appeal is of the year 2011
                                  and the same is kept on the file of this Court, without any
                                  progress. It appears that there is no possibility for arguing
                                  this   appeal   since the    appellant's   counsel   has    no
                                  instructions from the side of the appellants.


                                         4. List the matter finally on 18.11.2024, under the
                                  caption, "For Orders"."



                                  3. Even today, when the matter is taken up, no representation for the

                     appellants. Hence, this Second Appeal is dismissed for default. No costs.

                     Consequently, connected miscellaneous petition is closed.



                     Speaking order / Non-speaking order                                     18.11.2024
                     Index             : Yes / No
                     Neutral Citation : Yes / No
                     gsk




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                                                                     R.N.MANJULA, J.

gsk To

1.The Principal Sub Judge, Viruthachalam.

2. 2nd Additional District Munsif Court, Viruthachalam.

S.A.No.1250 of 2011 and

18.11.2024

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