Dismissed

Rangasamy v. Ponnusamy Gounder

Madras HC23 Mar 2021SA/681/2009

Case brief

AI extract

What is this about?

The High Court dismissed a second appeal under Section 100 CPC for non-prosecution after the appellants were absent from the hearing despite multiple directions to list the matter. Costs were awarded to the respondent, and connected miscellaneous petitions were closed. No representation was made for the appellants.

What did the court decide?

The second appeal is dismissed for non-prosecution with costs awarded to the respondent; connected miscellaneous petition closed.

Rangasamy Vs Ponnusamy Gounder — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:23.03.2021

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CORAM:

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THE HON'BLE MR.JUSTICE T.RAVINDRAN

S.A.No. 681 of 2009

and

M.P.No.1 of 2009

Rangasamy, S/o, Nanjunda Gounder, Iyan Thottam, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District. 2. K.R.Murthy, S/o, K.N.Rengasamy, Iyan Thottam, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District.

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K.R.Natarajan, S/o, K.N.Rangasamy Gounder, Iyan Thottam, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District. 4. K.R.Palanichamy, S/o, K.N.Rangasamy Gounder, Iyan Thottam, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District. 5. Chinnaraj, S/o, K.N.Rangasamy Gounder, Iyan Thottam, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District.

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

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Duraisamy, S/o, Thotta Thimma Gounder, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District.

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Gurusamy, S/o, Thottathimma Gounder, Kurumpalayam Village, Sathiyamagalam Taluk, Erode District. ... Appellants/Defendants

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Vs.
1. Ponnusamy Gounder,
S/o, Subbiah Gounder,
Kurumpalayam Village,
Sathiyamagalam Taluk,
Erode District. ...1 st Respondent/Plaintiff
2. Rajammal,
[7 th defendant in the suit
and 7 th respondent in the
1 st Appellate Court remains
exparte in both the Courts
and she is given up in the
Second appeal]. ...2 nd Respondent/7 th Defendant

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Prayer:

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Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the 1^st Additional Subordinate Judge, Gobichettypalayam dated 22.08.2008 made in A.S.No.66 of 2007 on his file reversing the judgment and decree of the District Munsif, Sathiyamangalam dated 08.10.2007 and made in O.S.No.80 of 2006 on his file.

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For Appellants : No appearance For R1 : Mr.R.T.Duraisamy R2 : Given up *****

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

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J U D G M E N T

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Counsel for the respondent present.

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No representation for the appellants.

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In this matter, repeatedly there has been no representation for the appellants, accordingly, the Registry was directed to list the matter today ie., on 23.03.2021, under the caption “for dismissal”.

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Today when the matter is taken up for hearing, there is no representation for the appellants. Appellants called, absent.

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In view of the above, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. MEMORANDUM OF CASES Rs.P. Stamp for Vakalatnama 10.00 Advocate's Fee ... Translation printing charges Nil ----To be paid by the petitioner to the Respondent 10.00 -----Sd/Assistant Registrar //True Copy// Sub Assistant Registrar mfa

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To 1.The 1^st Additional Subordinate Judge, I Additional Subordinate Court, Gobichettypalayam. 2.The District Munsif, District Munsif Court, Sathiyamangalam.

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

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Copy to The Section Officer, VR Section, High Court, Chennai.

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S.A.No. 681 of 2009 and M.P.No.1 of 2009

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CP(CO) CB(29/06/2021)

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

Rangasamy v. Ponnusamy Gounder

Case brief

What is this about?

What did the court decide?

Rangasamy v. Ponnusamy Gounder

Case brief

What is this about?

What did the court decide?

What the court decided

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