This court dismissed the first appeal filed under Section 96 of the CPC for non-prosecution, as the appellants failed to appear despite multiple listings. Costs were awarded to the respondents.
First appeal dismissed for non-prosecution with costs. Connected miscellaneous petition, if any, closed.
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: 08.07.2019
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
A.S.No.588 of 2010
2.S.Jayalakshmi (Died) ...Appellants/I & II Defendants
[Memo dated 02.02.2018 is recorded. 2nd Appellant died. 1st appellant, RR1 and R2 are recorded as Lrs of the deceased 2nd appellant vide order of this Court dated 02.02.2018 made in A.S.No.588 of 2010]
Vs.
2.S.Ammu .. 2nd Respondent/3rd Defendant
Prayer: First Appeal filed under Section 96 of C.P.C., r/w Order 41 Rule 1 & 2 of CPC against the decree and judgment dated 19.11.2009 made in O.S.No.4400 of 2006 on the file of the II Additional City Civil Court, Chennai.
For Appellants : No appearance For RR1 : Mr.G.S.Vivekanandan For RR2 : Mr.S. Arockiasamy
J U D G M E N T
This matter was listed on 05.07.2019 and on that date, there was no representation for the appellants, despite the matter being called twice and on the appellants being called, remaining absent, Registry was directed to list the matter today i.e., on 08.07.2019, under the caption “ for dismissal ”.
2.Today, when the matter is called, there is no representation for the appellants. Appellants called absent.
MEMORANDUM OF COSTS
AS. 588 OF 2010
Appellants/Petitioners( ) Costs
Rs. p Stamp for Vakalatnama 1st Respondent 10 00 -Do- 2nd Respondent 10 00 Advocate's fee FC not received Translation and Printing/Typing charges Nil -------20 00
Sd/Assistant Registrar(CS-V)
//True copy//
Sub Assistant Registrar
mfa To
The II Additional Judge, City Civil Court, II Additional City Civil Court, Chennai.
Copy to The Section Officer, VR Section, High Court, Chennai. +3cc to Mr.G.S.Vivekanandan, Advocate SR.No.56706
A.S.No.588 of 2010
NRJK(CO) GMY(11/10/2019)
1 issue framed by the court
Whether the first appeal stands dismissed for non-prosecution in the absence of the appellants.
2 provisions across 1 enactments
S. Sundaramoorthy
S. Jayalakshmi
S. Vimala
S. Ammu
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
