Vs Bomma Naicker
Case brief
What is this about?
The Court dismissed Second Appeal No. 2025 of 2000 for non-prosecution. Despite multiple listings and opportunities for the appellants to appear, none showed up. The appeal is disposed of with no order as to costs.
What did the court decide?
Second Appeal dismissed for non-prosecution. No order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20-11-2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Second Appeal No.2025 of 2000
1.Bomma Naicker S/O Chinna Naicker
2.Peria Rajaiaha
3.Muthu
4.Mr.Annadurai
.. Appellants/Defendants 1to4
Vs
1.Poosari Bomma Naicker ...Respondents/Plaintiff
2.Appakkal
3.Bomma Naicker,
Son of Palani Naicker.
4.Rama Naicker
5.Bomma Naicker,
Son of Thimma Naicker.
.. Respondents 2to5/Defendants 5to8
Second Appeal is preferred under Section 100 of the
Code of Civil Procedure, against the judgment and decree passed
in A.S.No.100 of 1998 on the file of the Sub Court, Bhavani,
Erode District dated 22.7.1999, confirming the judgment and
decree passed in O.S.No.261 of 1991 dated 13.7.1998 on the file
of the Additional District Munsif Court, Bhavani.
For Appellants : No Appearance For Respondents : No Appearance
J U D G M E N T When the present Second Appeal was listed for hearing on 10.10.2018, this Court passed an order stating that “Mr.R.Swaminathan, the learned counsel for the appellants contended that he has filed change of vakalat for the appellants. The Registry is directed to verify the vakalat and print the name of Mr.R.Swaminathan, if vakalat is filed on behalf of the appellants and list the matter after four weeks”.
Issues for consideration
1 issue framed by the court
Whether the Second Appeal should be dismissed for non-prosecution due to the absence of the appellants despite multiple listings.
Parties & counsel
- appellant
Bomma Naicker S/O Chinna Naicker
- appellant
Peria Rajaiaha
- appellant
Muthu
- appellant
Mr. Annadurai
- respondent
Poosari Bomma Naicker
- respondent
Case details
As recorded by the court registry
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