The High Court dismissed a Second Appeal filed under Section 100 of the Civil Procedure Code, as well as a connected miscellaneous petition, for non-prosecution due to the appellant's absence without counsel.
Second Appeal and connected miscellaneous petition dismissed for non-prosecution. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2019 CORAM THE HONOURABLE MR. JUSTICE T.RAVINDRAN S.A.No.1383 of 2005 and C.M.P. No.18272 of 2005
Arulmighu Petharanasamy koil situated at Shanmugapuram, Salangapalayam Village, Bhavani Taluk rep. By
Hereditary Trustee Ramagounder @ Pattakarar S/o. Kuppanna Gounder Kuttipalayam Salangapalayam Villave Bhavani Taluk ...Appellant Vs. Sakthivel ...Respondent Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 02.06.2004 passed in A.S.No.20 of 2004 on the file of the Additional District Court, Fast Track Court IV, Erode, partly reversing the decree and judgment dated 05.01.2004 passed in O.S.No.188 of 2002 on the file of the Principal District Munsif's Court, Bhavani.
For Appellant : No appearance For Respondent : No appearance JUDGMENT
In this matter, the counsel for the appellant already reported no instructions and the appellant being called and remaining absent, the Registry was directed to list the matter today under the caption "for dismissal" by printing the name of the appelant in the cause list.
dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/Assistant Registrar(CCC)
Sub Assistant Registrar
bga
Copy to:The Section officer, V.R.Section, High Court, Madras
S.A.No.1383 of 2005
and C.M.P. No.18272 of 2005
RK(CO)
CSL/12.06.2019
1 issue framed by the court
Whether the Second Appeal can be dismissed in default due to non-appearance of the appellant.
1 provisions across 1 enactments
Hereditary Trustee Ramagounder @ Pattakarar
Sakthivel
T.Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
