In a civil second appeal filed under Order 21 Rule 98 CPC, the court dismissed the appeal for non-prosecution because the appellant's counsel filed a memo reporting no instructions despite several reminders. Connected miscellaneous petition was also closed.
The Civil Miscellaneous Second Appeal was dismissed for non-prosecution; no costs awarded.
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.
C.M.S.A.(MD)No.8 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.S.A.(MD)No.8 of 2011 and M.P.(MD)No.1 of 2011
versus
... Respondents
(R4 to R6 are brought on record as the legal representatives of the deceased first respondent vide order dated 12.10.2018 made in CMP(MD)Nos.9594 & 9697 of 2018)
Civil Miscellaneous Second Appeal filed under Order 21 Rule 98 read with Section 100 of Civil Procedure Code, against the Judgment and Decree dated 30.08.2010 made in C.M.A.No.28 of 2008 on the file of the Subordinate Judge, Pattukkottai, confirming the Judgment and Decree dated 29.09.2008 made in E.A.No.116 of 2003 in E.P.No.68 of 2002 in O.S.No.142 of 1989 on the file of the District Munsif, Pattukkottai.
For Appellants : Mr.P.Thiagarajan
JUDGMENT
The learned counsel appearing for the appellants has filed a memo, reporting no instructions, since there was no response from the appellants, despite several reminders. Therefore, the Civil Miscellaneous Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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C.M.S.A.(MD)No.8 of 2011
ogy
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
C.M.S.A.(MD)No.8 of 2011
08.01.2021
VB (22.01.2021) 2P 3C
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1 issue framed by the court
Whether the second appeal should be dismissed for non-prosecution due to lack of response from appellants despite reminders.
1 provisions across 1 enactments
Arunachalam
Viswanathan
V.Aadhimuthu
V.Thangavelu
Murugesan
R.Senthilkumar
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
