Kannan @ Damodaran vs R.Vasudevan on 23 April, 2019

[Cites 1, Cited by 1]

Madras High Court

Kannan @ Damodaran vs R.Vasudevan on 23 April, 2019

Bench: P.Rajamanickam

                                                              1

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 23.04.2019

                                                        CORAM

                                 THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM


                                                S.A.No.1524 of 1996
                      1.Kannan @ Damodaran
                      2.Divakaran
                      3.Chandra
                      4.Muthusamy                                               ... Appellants

                                                          Vs.

                      1.R.Vasudevan
                      2.R.Rajasekaran
                      3.R.Rajan
                      4.R.Vijaya
                      5.R.Vasantha

                      Rep. by their Power of Attorney Agent
                      T.K.Rajagopal                                       ... Respondents

                      PRAYER: Second Appeal filed under Section 100 of C.P.C., against the

                      judgment and decree dated 15.03.1995 made in A.S.No.274/94 on the

                      file of Principal District Court, Salem against the judgment and decree

                      dated 30.09.1994 made in O.S.No.334 of 1990 on the file of District

                      Munsif Court, Attur.



                                             For Appellants       : Mr.P.Jagadeesan
                                             For Respondents      : No Appearance




http://www.judis.nic.in
                                                          2

                                                    JUDGMENT

The learned counsel for the appellants has filed proof of service in the Registry on 11.04.2019 stating that the private notice which was sent to the respondents 2 to 4 returned as ”no such persons”. He also filed another proof of service on 16.04.2019 stating that private notice which was sent to the fifth respondent returned as "addressee not available" . The learned counsel for the appellants has submitted that he has sent letters to all the appellants. He further submitted that the third appellant alone has received the letter and the other appellants have not received the letters. He further submitted that the third appellant has not contacted him after receipt of the letter and hence he is reporting no instructions and to that effect also, he has made an endorsement.

2. Considering the said submission and endorsement, the appellants are called absent. Hence, the second appeal is dismissed for default. No costs.

23.04.2019 Vv http://www.judis.nic.in 3 To

1. The Principal District Court, Salem.

2. The District Munsif Court, Attur.

3. The Section Officer, VR Section, High Court, Madras.

http://www.judis.nic.in 4 P.RAJAMANICKAM.J., Vv S.A.No.1524 of 1996 23.04.2019 http://www.judis.nic.in

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