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2022 DAILYLAW 4566 (MAD)

RATHINAL v. KANNAMMAL

SA/33/2022 · 2026-03-06

S Sounthar

Transfer Petitionbody2022

Judgment text

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SA No. 33 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR SA No. 33 of 2022 and CMP No.645 of 2022 1. Rathinal, W/o. Chinnaraj, 2. Vijayal, W/o. Subramaniam, R1 and R2 are residing at Pasuvapalayam, Pudupeerkadavu Village, Sathyamangalam Tk, Erode Dt. 3. Sagunthala W/o. Subramaniam, Mani Nagar, Rangampalayam, Periyakallipatti, Sathyamangalam Tk, Erode Dt. 4. Jayachitra W/o. Late. Velusami, 5. Minor. Sowmiya Rep By Mother Jayachitra, D/o. Late. Velusami, 6. Ramesh S/o. Late. Velusami, 7. Kanmani, D/o. Late. Velusami, R4 to R7 are residing at No.2/164, Thekkala Thottam, Pasuvapalayam, Pudupeerkadavu Village, Thayamangalam Tk, Erode Dt. ..Appellant(s) Vs 1. Kannammal, W/o. Raju, Uththandiyur, Sathyamangalam Tk, Erode Dt. 2. Mariammal, W/o. Marisami, __________ Page1 of 4 https://www.mhc.tn.gov.in/judis SA No. 33 of 2022 3. Ponnammal, W/o. Ponnusamy 4. Thulasiammal, W/o. Manian, R2 to R4 are residing at Pasuvapalayam, Pudupeerkadavu Village, Sathyamangalam Tk, Erode District. ..Respondent(s) Prayer: Second appeal is filed under Section 100 of CPC to set aside the Judgment and Decree dated 11.04.2018 passed in AS No.46/2017 on the file of Subordinate Judge, Sathyamangalam confirming the Decree and Judgment passed in OS No.22/2016 on the file of District Munsif Court, Sathyamangalam dated 04.08.2017. For Appellant(s): No appearance JUDGMENT It is seen from the records that the learned counsel, who entered appearance for the appellants reported ‘no instructions’ as early as on 21.10.2024 and hence, as per order, notice was issued to the appellants. Thereafter, notice has been served to the appellants 4, 5, 6 and 7 and the notice taken to the other appellants were returned with an endorsement “ no such addressee ”. Till date, no other counsel entered appearance for appellants. 2. When the matter was came up for hearing on 04.03.2026, there was no representation on behalf of the appellants in the forenoon as well as afternoon. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis SA No. 33 of 2022 Therefore, Registry was directed to list the second appeal under the caption “for dismissal” on 06.03.2026. Even today, there is no representation for the appellants. 3. In view of the above, this second appeal is dismissed as default. There shall be no order as to costs. Connected civil miscellaneous petition is closed. 06-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST 1. The Subordinate Judge, Sathyamangalam. 2. The District Munsif Court, Sathyamangalam. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis SA No. 33 of 2022 S.SOUNTHAR, J. MST SA No. 33 of 2022 06-03-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis