Thangaiah Thevar vs Ramakrishnan .. 1St
2024 Latest Caselaw 17791 Mad

Madras High Court

Thangaiah Thevar vs Ramakrishnan .. 1St on 6 September, 2024

Author: P.T.Asha

Bench: P.T.Asha

                                                                            S.A.(MD) No.665 of 2012



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.09.2024

                                                     CORAM:

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                            S.A.(MD) No.665 of 2012
                                                      and
                                           M.P.(MD) Nos.1 and 2 of 2012

                     Thangaiah Thevar                           .. Appellant/2nd Respondent/
                                                                   2nd Defendant

                                                         Vs.

                     1.Ramakrishnan                             .. 1st Respondent/Appellant/
                                                                   Plaintiff
                     2.Tuticorin Panchayat Union,
                       Rep., through its Commissioner,
                       Kumaragiri Village, Pudukkottai,
                       Tuticorin Taluk, Tuticorin District.     .. 2nd Respondent/
                                                                 1st Respondent/1st Defendant

                     3.P.Mariappan                              .. 3rd Respondent/
                                                                3rd Respondent/3rd Defendant

                     4.Manickathai                              .. 4th Respondent/
                                                                4th Respondent/4th Defendant

                     Prayer: Appeal filed under Section 100 of Civil Procedure Code to set
                     aside the judgment and decree dated 21.07.2011 made in A.S.No.87 of
                     2008 on the file of the Sub Court, Tuticorin and cofirm the judgment and


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                                                                                  S.A.(MD) No.665 of 2012



                     decree dated 23.06.2006 made in O.S.No.46 of 2004 on the file of the
                     Additional District Munsif Court, Tuticorin.

                                       For Appellant       :     Mr.NA.Palaniyandi

                                       For R2              :     No appearance

                                       Respondent-1        :     Died

                                       RR3 & 4             :     Given up

                                                         JUDGMENT

When the matter was taken up for hearing on 30.08.2024, this

Court passed the following order:

“The 2nd defendant in O.S.No.46 of 2004 is the appellant challenging the judgment and decree in A.S.No.87 of 2008 passed by the Sub-Court, Tuticorin in and by which the learned Subordinate Judge has reversed the judgment and decree passed by the Additional District Munsif, Tuticorin. The suit is one for declaration and injunction filed by the first respondent before this Court.

The second appeal has been dismissed against the first respondent and no steps have been taken to restore the same. It is seen that the 1st respondent died as early as in the year 2012 itself.

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No representation for the appellant. Post 'for dismissal' on 06.09.2024.”

2. Today, in spite of the matter being listed under the caption “for

dismissal”, there is no representation for the appellant. Therefore, this

Court is left with no other option except to dismiss the appeal for default.

3. Accordingly, this Second Appeal is dismissed for default. No

costs. Consequently, connected miscellaneous petition is closed.

06.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes

abr

To

1.The Sub-Judge, Tuticorin.

2.The Additional District Munsif, Tuticorin.

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P.T.ASHA, J.

abr

Dated: 06.09.2024

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