Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

A.Shanmugam Vs K.Palanisamy — Civil Procedure and Limitation | Madras HC (2019)

Home
Madras HC
2019
A.Shanmugam Vs K.PalanisamyA.Shanmugam v. K.Palanisamy

Dismissed

A.Shanmugam v. K.Palanisamy

Madras HC10 Jun 2019AS/768/2008

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS DATED:…

What did the court decide?

The first appeal is dismissed for non-prosecution with costs.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN A.S.No.768 of 2008

S.Kumarappan (died)
1.A.Shanmugam
P.Subramaniam (died)
2.S.Pongiyannan
3.S.Ramasamy
4.K.Karupannan
5.The Executive Officer,
Shiva Vishnu Group Temples,
Sankagiri. ...Appellants/Plaintiff
Vs.
1.K.Palanisamy
A.S.Kuppusami (died)
2.S.Kotiswaran
3.E.Masilamani
4.Papathi
5.Pasappan
6.K.Arthanari
7.Arumugam
8.M.Jeyakumara Muthu Privia Gounder
9.P.Shanmugam
10.P.Kumarasamy

https://hcservices.ecourts.gov.in/hcservices/

11.K.Marimuthu 12.Thilagavathi 13.Velappan 14.Mallika 15.K.Shanmugam 16.C.Mohandass 17.K.Gurusamy 18.O.V.Arunachalam 19.Kolandaisamy Pandaram,Arumuga pandaram(died) 20.Subramaniam Murugapandaram (died) 21.Palaniappan 22.Muthusamy 23.Kolandayi Ammal 24. Nallammal 25.Duraisamy 26.Subban 27.Chellappa Gounder 28.Chinnammal 29.Rajammal 30.Selvi 31.Kalaiselvi 32.Sakunthala 33.Santhi ...Respondents/Defendants

https://hcservices.ecourts.gov.in/hcservices/

Prayer: First Appeal filed under Section 96 r/w 41 & 41 A of C.P.C.,and Order IV of the Madras High Court A.S.Rules, against the decree and judgment made in O.S.No.306 of 2004 dated 10.12.2007 on the file of the Additional District Judge cum Fast Track Court, Namakkal.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the first appeal should be dismissed due to non-appearance of the parties and change of counsel.

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure96, 41, 41A

Parties & counsel

AI extract

appellant
S.Kumarappan (died) and others
respondent
K.Palanisamy and others

Coram

AI extract

T. Ravindran

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 10 Jun 2019 · June
Registered: 5 Sept 2008
Case no.: AS/768/2008

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from T. Ravindran

Kumaresan Vs Marappa Gounder
7 Jun 2019
G.Jabamani Vs Repco Bank
7 Jun 2019
Kumar@Sasikumar Vs S.R.Palanisamy
7 Jun 2019
Gunavathi Vs Tiruppur District Collector
10 Jun 2019
N. Sivakami Vs Nallathal(Died)

Cite this judgement

A.Shanmugam v. K.Palanisamy, AS/768/2008 (MAD), decided on 10 June 2019.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure96, 41, 41A

View all statutes

Bench / Coram

T. Ravindran

Parties & counsel

Outcome

The first appeal is dismissed for non-prosecution with costs.

Issue for consideration

Whether the first appeal should be dismissed due to non-appearance of the parties and change of counsel.

A compact analysis

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.

For Appellants : No appearance

For RR1, R3, R6, R7, R10, R23 & R25 : M/s.Zeenath Begum
RR11, R18 to 20, R26 to 28 and R30 : Died
RR4, R8, R13, R15, R29 and R32 : No appearance
RR2, R5, R9, R12, R14, R16,
R17, R21, R22, R24, R31 and R33 :Dismissed vide order
dated 24.04.2018
J U D G M E N T
Counsel for the respondents present.
2. In the matter, the counsel for the appellants had
already given change of vakalat to the appellants and also
made an endorsement to that effect. Accordingly, on the
appellants being called and remaining absent, Registry was
directed to list the matter today, i.e., on 10.06.2019,
under the caption “ for dismissal” , by printing the names
of the appellants in the cause list.

3.Today when the matter is called, there is no
representation for the appellants.Appellants called absent.

https://hcservices.ecourts.gov.in/hcservices/

4.Resultantly, the first appeal is dismissed for nonprosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.

MEMORANDUM OF COSTS

Rs. P. Stamp for Vakalatnama 10.00 Do. used for the Memo. Do. for do. of the lower Court Do. for do. of the do. Advocate's fee [FC not received] Do. for enclosures Value of copy Stamp-paper used for enclos -- Batta and Postage Translation and Printing/Typing charges 273.00 -----283.00 Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mfa To The Additional District Judge, Additional District Judge cum Fast Track Court, Namakkal. Copy to The Section Officer, VR Section, High Court, Chennai. (2 COPIES) +1cc to M/s.Zeenath Begum , Advocate SR.No. 46384 A.S.No.768 of 2008 A.SK(30/10/2019)

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA010025332008

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON-PROSECUTION

10 Jun 2019

Tamil Naldu Mercantile Bank Vs M/S.B.T. Rajan & Co.

11 Jun 2019