S.Doraisamy v. Mariyayi
Case brief
What is this about?
Second appeal filed by S. Doraisamy against a decree in a civil suit was dismissed for non-prosecution as the appellant was absent when listed for dismissal on two occasions.
What did the court decide?
Second appeal dismissed for non-prosecution with costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2018 CORAM: THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1160 of 2003
S.Doraisamy ...Appellant (4th Defendant) Vs. 1.Mariyayi 2.S.R.Duraisamy ...Respondents 1 & 2 (Plaintiff) 3.M.Kandasamy 4.K.Kaliammal 5.K.Subramani ...Respondents 3 to 5 (Defendants 1 to 3)
Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment passed in A.S.No.231 of 2002 on the file of Principal District Judge at Namakkal dated 30.01.2003 in confirming the decree and judgment passed by the District Munsif Court at Namakkal in O.S.No.743 of 1999 dated 08.03.2002. For Appellant : No Appearance For RR1, R2 : Mr.S.Saravana Kumar for M/s.M.Sudhakar For R3 and R4 : Mr.K.Suresh J U D G M E N T Learned counsel for the respondents present. 2.This second appeal was listed on 08.01.2018 and on that date, there was no representation for the appellant and the appellant remaining absent on being called, Registry was directed to list the matter today (i.e) on 09.01.2018, under the caption “for dismissal”. 2.Today also when the matter is called twice, there is no representation for the appellant. Appellant called absent.
3.Resultantly, the second appeal is dismissed for nonprosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.
MEMORANDUM OF COSTS
Stamp for Vakalatnama ...10.00
Translation and Printing /
Typing Charges Nil
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10.00
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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mfa
To
1.The Principal District Judge at Namakkal.
2.The District Munsif at Namakkal.
copy to
The Section Officer
VR section
High Court Madras +2 copies
S.A.No.1160 of 2003
aa05/03/2018
Parties & counsel
- appellant
S. Doraisamy
- respondent
Mariyayi
- respondent
S. R. Duraisamy
Coram
Case details
As recorded by the court registry
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