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Senthil Kumar Vs Kaliyan — Civil Procedure and Limitation | Madras HC (2021)

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Madras HC
2021
Senthil Kumar Vs KaliyanSenthil Kumar v. Kaliyan

Dismissed

Senthil Kumar v. Kaliyan

Madras HC26 Jul 2021SA/1046/2002

Case brief

AI extract

What is this about?

Second Appeal dismissed for non-prosecution as counsel reported no instructions and appellants failed to effect substituted service.

What did the court decide?

Second Appeal dismissed for non-prosecution. No costs.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM:

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

SA No.1046 of 2002

1. Senthil Kumar 2. Panchalai ... Appellants

versus 1. Kaliyan 2. Murugesan ... Respondents

Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the learned Principal District Judge, Villupuram passed in A.S. No.212/97, on 27.07.99 reversing the judgment and decree of the Additional District Munsif - I, Ulundurpet, passed in O.S. No.183/95, dated 29.04.1997.

For Appellants : Mr.L.Prabhakar

JUDGMENT

(Heard Video Conference)

The matter is listed under the caption "for dismissal", today.

Parties & counsel

AI extract

appellant
Senthil Kumar
appellant
Panchalai
respondent
Kaliyan
respondent
Murugesan

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 26 Jul 2021 · July
Registered: 20 Dec 1999
Case no.: SA/1046/2002

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Cite this judgement

Senthil Kumar v. Kaliyan, SA/1046/2002 (MAD), decided on 26 July 2021.

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

Bench / Coram

Abdul Quddhos

Parties & counsel

Outcome

Second Appeal dismissed for non-prosecution. No costs.

Detailed headnote1 paragraphs

A Second Appeal was dismissed for non-prosecution after the court noted that the appellants' counsel reported no instructions and the appellants had failed to effect substituted service as previously directed. No costs awarded.

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.

The learned counsel for the appellants reports "no instructions" in this matter. According to him, despite his best efforts, he has been unable to contact his client. The appellants has also not effected Substituted Service through Paper Publication for service of notice on the second respondent, as directed by this Court earlier. It can now be inferred that the appellants are not interested to prosecute

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

this Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs.

Sd/-

Assistant Registrar(CS VI)

//True Copy//

Sub Assistant Registrar

vsi2

To

The Principal District Judge, Villupuram.

The Additional District Munsif - I, Ulundurpet.

Copy to :

The Section Officer, V.R Section, High Court, Madras.

SA No.1046 of 2002

KV(CO) HS(19/08/2021)

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

Abdul Quddhos

CNR

HCMA010060762002

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON-PROSECUTION

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