This Second Appeal filed under Section 100 of the CPC was dismissed for want of prosecution. The appellants, called upon to appear for final arguments on three separate dates, failed to show up, leading the court to conclude they had abandoned the appeal.
Second Appeal dismissed for non-prosecution with costs of Rs. 10.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:27.06.2018
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
S.A.No.2195 of 2004
1.Kumarasamy 2.Somasundaram ...Appellants /Defendant 3 & 4
Vs. 1.Palanisamy Gounder 2.Chellamuthu Gounder
3.Veerappa Gounder
[Respondents 2 and 3 were set exparte in the lower
appellate court and hence they are given up in this
Second Appeal] ...Respondents/Plaintiff and Defendants 1 & 2
Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment passed in A.S.No.19 of 2003 dated 11.02.2004 on the file of the Subordinate Judge, Dharapuram, confirming the judgment and decree passed in O.S.No.408 of 1999 dated 04.10.2002 on the file of the District Munsif, Dharapuram.
For Appellants : No appearance
For Respondent : Mr.Navaneetha Krishnan No.1 for M/s.S.Saravanan
This matter was listed on 20.06.2018 and on that day, the counsel for the first respondent was present and there was no representation for the appellants and the appellants being called and remaining absent, Registry was directed to list the matter on 21.06.2018, under the caption “ for dismissal “. On 21.06.2018, the counsel for the appellants was present and at request, the Second Appeal was adjourned to 25.06.2018 for his submissions finally. Again on 25.06.2018, at the request of the appellants counsel, the Second Appeal had been adjourned today i.e., on 27.06.2018, for arguments finally.
MEMORANDUM OF COSTS
Respondent ( ) Costs
Rs. P.
Stamp for Vakalatnama 10.00
Advocate's fee [FC not filed ] --
Translation and Printing/Typing charges nil
To be paid by the Petitioner ------
10.00
to the Respondent -----
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
mfa
To
1.The Subordinate Judge,
Subordinate Court,
Dharapuram.
2.The District Munsif, District Munsif Court, Dharapuram.
Copy to
The Section Officer, VR Section, High Court, Chennai. [2 Copies] S.A.No.2195 of 2004 vg II[co] srg 19/07/2018
1 issue framed by the court
Whether an appeal should be heard when the appellants fail to appear after final remanding for arguments.
1 provisions across 1 enactments
Kumarasamy
Somasundaram
Palanisamy Gounder
T.Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
