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Nambithevar Vs Pattani @ Krishnan — Civil Procedure and Limitation | Madras HC (2019)

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Nambithevar Vs Pattani @ KrishnanNambithevar v. Pattani @ Krishnan

Dismissed

Nambithevar v. Pattani @ Krishnan

Madras HC14 Mar 2019SA(MD)/227/2013

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution as no representation appeared for appellants.

What the court decided

AI extract

A

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM

S.A(MD)No.227 of 2013

1.Nambithevar

2.Esakki Konar

3.Masilamaniparaiyar Alagu Thevar (died)

4.Muthumalai Nadar

5.Ponniah Nayakkar

6.Pattanick Konar ... Appellants/ Appellants 1 to 3, 5 to 7/ Plaintiffs 1 to 3 and 5 to 7 -vs-.

1.Pattani @ Krishnan 2.Mayandi Konar 3.C.Nambikonar (died)

Parties & counsel

AI extract

appellant
Nambithevar
appellant
Esakki Konar
appellant
Pattanick Konar
respondent
Pattani @ Krishnan
respondent
Mayandi Konar
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 14 Mar 2019 · March
Registered: 25 Mar 2013
Case no.: SA(MD)/227/2013

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Cite this judgement

Nambithevar v. Pattani @ Krishnan, SA(MD)/227/2013 (MAD), decided on 14 March 2019.

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

Bench / Coram

K. Kalyanasundaram

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The second appeal was dismissed for non-prosecution. The court observed that no representation appeared for the appellants, while the legal heirs of the deceased third respondent were not brought on record. Consequently, the appeal was disposed of without costs.

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.

(R3 deceased. Memo USR No.2603/14 is recorded

vide Court order dated 17.07.2014) ... Respondents/

Respondents/ Defendants

PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the Decree and Judgment passed in A.S.No.206 of 2005, on the file of the Subordinate Judge, Tuticorin dated 24.11.2009 confirming the decree and judgment made in O.S.No.272 of 2002 on the file of the District Munsif Court, Srivaikundam, dated 23.01.2004.

For Appellant : No appearance For Respondents : Mr.H.Arumugam (for R1 and R2) R3 - died

JUDGMENT

It is represented that the legal heirs of the deceased third respondent are not brought on record. No representation for the appellants. Hence, the second appeal is dismissed for nonprosecution. No costs.

Sd/-

Assistant Registrar (CS-III)

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

/True Copy/

Sub Assistant Registrar

2

To

The Sub-Judge, Tuticorin.

The District Munsif Court, Srivaikundam.

+1CC TO Mr.H.Arumugam, Advocate, Sr No.54483

S.A(MD)No.227 of 2013 14.03.2019

skn KK/03.04.2019/2P.4C

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

C. Nambikonar

Coram

AI extract

K. Kalyanasundaram

CNR

HCMD011485102013

Topic

Civil Procedure and Limitation

Bench

K. Kalyanasundaram

Disposal

DISMISSED FOR NON-PROSECUTION

14 Mar 2019

A. Vellaswamy, Vs M. Arumugam

25 Mar 2019