Madras High Court
Rajendran ... 1St vs Kamatchiapillai on 18 October, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
S.A(MD)Nos.404 & 405 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
S.A(MD)Nos.404 & 405 of 2006
and
C.M.P(MD)Nos.3305 & 3306 of 2006
S.A(MD)No.404 of 2006
Rajendran ... 1st Defendant/Appellant/
Appellant
Vs.
1.Kamatchiapillai
2.Ramasami (Died)
3.Kaleeswaran
4.Subramanian
5.Ammal
6.Ganapathi
7.Ponnuchami
8.Muthumari ... Plaintiffs 3 to 10/Respondents/
Respondents
9.Raju
10.Chellammal ... Defendants 2 & 3/Respondents/
Respondents
(Respondents 9 & 10 remained
ex-parte in both the trial & appellate Court)
11.R.Santhosh
12.R.Selvaganesh
13.R.Ramakrishnan
(R11 to R13 are brought on record as
LRs of the deceased R2 vide order
dated 21.07.2010)
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S.A(MD)Nos.404 & 405 of 2006
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the judgment and decree dated 21.02.2005 made in
A.S.No.120/2002, on the file of the Sub-Court, Sivagangai partly modified
the judgment and decree of the Principal District Munsif Court, Manamadurai
in O.S.No.150/1995, dated 19.04.2002 in sofar as it is against the appellant.
S.A(MD)No.405 of 2006
Rajendran ... 1st Defendant/1st Respondent/
Appellant
Vs.
1.Kamatchiapillai
2.Ramasami (Died)
3.Kaleeswaran
4.Subramanian
5.Ammal
6.Ganapathi
7.Ponnuchami
8.Muthumari ... Plaintiffs 3 to 10/Appellants/
Respondents
9.Raju
10.Chellammal ... Defendants 2 & 3/Respondents/
Respondents
(Respondents 9 & 10 remained
ex-parte in both the trial & appellate Court)
(Respondents 1 to 6 were impleaded as
LRs of the second plaintiff and
Respondents 7 & 8 as the LRs of the
first plaintiff in the Trial Court)
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S.A(MD)Nos.404 & 405 of 2006
11.R.Santhosh
12.R.Selvaganesh
13.R.Ramakrishnan
(R11 to R13 are brought on record as
LRs of the deceased R2 vide order
dated 21.07.2010)
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the judgment and decree dated 21.02.2005 made in
A.S.No.30/2003, on the file of the Sub-Court, Sivagangai modified the
judgment and decree of the Principal District Munsif Court, Manamadurai in
O.S.No.150/1995, dated 19.04.2002.
For Appellant : No appearance
For Respondents : No appearance
COMMON JUDGMENT
When the matters were taken up for hearing on 17.10.2024, the
learned counsel appearing for the appellant has filed a memo stating that the
letter sent to the appellant was returned with an endorsement "deceased" and
reported no instruction. Therefore, this Court directed the Registry to print
the name fo the appellant in the cause list.
2. Today, when the matters are taken up for hearing, even though
the name of the appellant has been printed in the cause list, there is no
https://www.mhc.tn.gov.in/judis
S.A(MD)Nos.404 & 405 of 2006
representation on behalf of the appellant and the same clearly indicates that
the appellant has not shown any interest to prosecute the appeals any further.
Hence, the Second Appeals are dismissed for non-prosecution. No costs.
18.10.2024
NCC : Yes/No
Index : Yes/No
am
To
1.The Sub-Court,
Sivagangai.
2.The Principal District Munsif Court,
Manamadurai
3.The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A(MD)Nos.404 & 405 of 2006
V.BHAVANI SUBBAROYAN, J.
am
Judgment made in
S.A(MD)Nos.404 & 405 of 2006
18.10.2024
https://www.mhc.tn.gov.in/judis
