The High Court of Madras dismissed a second appeal filed under Section 100 of the Civil Procedure Act for default, as the appellants failed to appear on the hearing date.
Second Appeal dismissed for default. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
S.A.NO.434 OF 2010
1. Oomaian @ Ponnagounder
2. Vellachiammal
3. Kamsala
4. Lakshmi
5. Vediappan
6. Venkatachalam
... Appellants
Vs.
1. P.M.Ganesan
2. P.G.Raja
3. State of Tamil Nadu
Represented by its District Collector,
Collectorate, Dharmapuri.
4. The Tahsildar,
Taluk Office,
Pappireddipatti Post and Taluk,
Dharmapuri.
5. The Revenue Inspector,
Thenkaraikottai Post,
Pappireddipatti Taluk,
Dharmapuri.
... Respondents
Prayer : Second Appeal filed under Section 100 of the Civil
Procedure against the decree and judgment dated 19.09.2007 in
A.S. No.36 of 2006, on the file of the Sub Court, Dharmapuri,
upholding the decree and judgment dated 16.12.2005 in O.S.
No.316 of 2002, on the file of the District Munsif Court, Harur.
For Appellants: No appearance
For R1 & R2: No appearance
R3 to R5: Dr.S.Suriya,
Government Advocate
JUDGMENT
When the second appeal came up for hearing on 26.10.2021,
there was no representation for the appellants and hence was
directed to be posted under the caption 'for dismissal' on
27.10.2021. Even today, i.e., 27.10.2021, there is no
representation for the appellants.
2. In view of the same, this Second Appeal is dismissed
for default. No costs.
Sd/-
Assistant Registrar(CS-VI)
// True Copy //
Sub Assistant Registrar
ham/bga
To
1. The Sub Court, Dharmapuri.
2. The District Munsif Court, Harur.
3. The District Collector,
State of Tamil Nadu,
Collectorate, Dharmapuri.
4. The Tahsildar,
Taluk Office,
Pappireddipatti Post and Taluk,
Dharmapuri.
5. The Revenue Inspector, Thenkaraikottai Post, Pappireddipatti Taluk, Dharmapuri.
6. The Section Officer, VR Section, High Court, Madras.
S.A.No.434 of 2010
VG-II(CO)
RLP(12/11/2021)
2 issues framed by the court
Whether a second appeal should be dismissed when the appellants fail to appear at the hearing.
Whether costs should be awarded for dismissal of an appeal by default.
1 provisions across 1 enactments
Oomaian @ Ponnagounder and others
P.M. Ganesan
P.G. Raja
State of Tamil Nadu
The Tahsildar
The Revenue Inspector
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court