Madras High Court
L.Subathra .. 1St vs Gomathi Kathiresan .. 1St on 24 October, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
A.S(MD)No.117& 118 of 2014 and 190 of 2016
A.S(MD)No.117 of 2014:
1.L.Subathra .. 1st Appellant/7th Defendant
2.C.Rathnakumari .. 2nd Appellant/12th Defendant
Vs.
1.Gomathi Kathiresan .. 1st Respondent/Plaintiff
2.L.Muthiah
3.Prema Sankaran
4.Padma Vadivel Murugan
5.L.Baskaran
6.Dr.L.Subramanian
7.C.Vasuki Alwar
8.C.Lakshmanan @ Karthik
9.S.Lakshmanan
10.B.Lakshmanan .. Respondents 2 to 10 /
1/7
https://www.mhc.tn.gov.in/judis
Defendants 1 to 5, 8 to 11
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code r/w
Order 41 Rule 1 of the Civil Procedure Code, against the judgment and decree
made in O.S.No.3 of 2002, dated 21.02.2012, on the file of the I-Additional
District Judge, Fast Track Court No.1, Tuticorin.
For Appellants : MrD.Nallathambi
For Respondents : Mr.T.Selvan for R5
: Mr.P.Thiyagarajan for R6
: No appearance for R9
: R1 to R3, R7, R8 & R10 dismissed for
default vide order dated 04.10.2024.
A.S(MD)No.118 of 2014:
Padma Vadivel Murugan .. Appellant/3rd Defendant
Vs.
1.Gomathi Kathiresan .. 1st Respondent/Plaintiff
2.L.Muthiah
3.Prema Sankaran
4.L.Baskaran
5.Dr.L.Subramanian
2/7
https://www.mhc.tn.gov.in/judis
Chandrasekaran (Died)
6.L.Subathra
7.C.Vasuki Alwar
8.C.Lakshmanan @ Karthik
9.S.Lakshmanan
10.B.Lakshmanan
11.C.Rathnakumari .. Respondents 2 to 11 /
Defendants 1,2,4, 5, 6 to 12
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code r/w
Order 41 Rule 1 of the Civil Procedure Code, against the judgment and decree
made in O.S.No.3 of 2002, dated 21.02.2012, on the file of the I-Additional
District Judge, Fast Track Court No.1, Tuticorin.
For Appellants : MrD.Nallathambi
For Respondents : Mr.T.Selvan for R4
: Mr.K.Muthumalai for R2
: Mr.P.Thiyagarajan for R5
: No appearance for R9
: R1 to R3, R6 to R8, R10, R11 dismissed
for default vide order dated 04.10.2024.
3/7
https://www.mhc.tn.gov.in/judis
A.S(MD)No.190 of 2014:
L.Baskaran .. Appellant/4th Defendant
Vs.
1.Gomathi Kathiresan .. 1st Respondent/Plaintiff
2.L.Muthiah
3.Pdama Sankaran
4.Padma Vadivel Murugan
5.Dr.L.Subramanian
6.L.Chandrasekaran
7.L.Subathra
8.C.Vasuki Alwar
9.C.Lakshmanan @ Karthik
10.S.Lakshmanan
11.B.Lakshmanan
12.C.Rathnakumari .. Respondents 2 to 12 /
Defendants 1to 3, 5 to 12
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code r/w
Order 41 Rule 1 of the Civil Procedure Code, against the judgment and decree
made in O.S.No.3 of 2002, dated 21.02.2012, on the file of the I-Additional
District Judge, Fast Track Court No.1, Tuticorin.
For Appellants : MrD.Nallathambi
4/7
https://www.mhc.tn.gov.in/judis
For Respondents : Mr.T.Selvan for R4
: Mr.K.Muthumalai for R2
: Mr.P.Thiyagarajan for R5
: No appearance for R9
: R1, R3, R6 to R8, R10, R11 dismissed
for default vide order dated 04.10.2024.
COMMON JUDGMENT
(Judgment of the Court was made by P.VELMURUGAN,J)
These appeal suits have been filed against the judgment and decree made in
made in O.S.No.3 of 2002, dated 21.02.2012, on the file of the I-Additional
District Judge, Fast Track Court No.1, Tuticorin.
2. When the matter was taken up for hearing on 04.10.2024, notice was
ordered to the unserved respondents on condition to pay batta in three days, in
default the appeals shall stand dismissed as against the unserved respondents.
Perusal of the records shows that the learned counsel for the appellants failed to
pay batta within the time stipulated by this Court and hence, these appeals are
https://www.mhc.tn.gov.in/judis
dismissed as against the unserved respondents without further reference to this
Court. On that day, at the request of the learned counsel for the appellants, these
matters are ordered to be posted on 24.10.2024(today).
3. When theses matters are taken up for hearing today, the learned counsel
for the appellants are not ready to argue the case which shows that they are not
interested for further adjudication in these matters. Hence, these Appeal Suits are
dismissed for non prosecution. No Costs.
[P.V.,J.] [K.K.R.K.,J.]
24.10.2024
NCC : Yes/No
Index : Yes / No
PJL
To
1. The I-Additional District Judge,
Fast Track Court No.1,
Tuticorin.
2. The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
and
K.K.RAMAKRISHNAN,J.
PJL
A.S(MD)No.117& 118 of 2014 and 190 of 2016
24.10.2024
https://www.mhc.tn.gov.in/judis
