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Ramadas Naidu Vs Gengamanaidu — Civil Procedure and Limitation | Madras HC (2021)

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Madras HC
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Ramadas Naidu Vs GengamanaiduRamadas Naidu v. Gengamanaidu

Dismissed

Ramadas Naidu v. Gengamanaidu

Madras HC22 Mar 2021SA/935/2009

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution as appellants did not appear before the court despite multiple listings.

What did the court decide?

Second appeal dismissed for non-prosecution with costs to be borne by appellants.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :22.03.2021 CORAM

THE HONOURABLE MR. JUSTIC E T. RAVINDRAN S.A.No. 935 of 2009

Ramadas Naidu S/o. Kuppa Naidu 2. Anandan S/o. Kuppa Naidu 3. Nagabooshanam D/o. Kuppa Naidu 4. Nagammal W/o. Kuppa Naidu ... Appellants

Vs.

Gengamanaidu S/o. Nallama Naidu

Jayammal W/o. Duraiswami Naidu

Thayar W/o.Duraiswami Naidu

Siranjeevi

S/o. Duraiswami Naidu

Nagabooshanam

S/o. Duraiswami Naidu

Rajendran S/o. Duraiswami Naidu ...Respondents

Parties & counsel

AI extract

appellant
Ramadas Naidu and others
respondent
Gengamanaidu and others

Coram

AI extract

E T. RAVINDRAN

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 22 Mar 2021 · March
Registered: 7 Sept 2009
Case no.: SA/935/2009

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Cite this judgement

Ramadas Naidu v. Gengamanaidu, SA/935/2009 (MAD), decided on 22 March 2021.

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

Bench / Coram

E T. RAVINDRAN

Parties & counsel

Outcome

Second appeal dismissed for non-prosecution with costs to be borne by appellants.

Detailed headnote1 paragraphs

Second Appeal dismissed for non-prosecution. The High Court held that as there was no representation from the appellants despite the matter being listed repeatedly, the appeal could not be heard. The appeal, along with any connected miscellaneous petitions, stands dismissed.

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.

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree dated 28.07.2006 passed in A.S.No.106 of 2005 on the file of the subordinate judge, Ranipet, Vellore District, confirming the judgment and decree dated 31.08.2004 passed in O.S.No.580 of 1985 on the file of the District Munsif, Sholingar.

For Appellants : No appearance

For Respondents: Mr. K.N. Pandian

JUDGMENT

In this matter, there was no representation for the appellants despite the matter having been listed on several occasions. The matter was ordered to be listed today under the caption "for dismissal" as there has been no representation for the appellants repeatedly.

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

Even today, when the matter is called, there is no representation for the appellants despite the matter being called twice. Appellants called, absent. Counsel for the respondents present.

In the light of the abovesaid factors, the second appeal is dismissed for non prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.

MEMORANDUM OF COSTS

Rs. P. Stamp for Vakalatnama 10.00 Advocate's fee [F.C Not Filed] Translation and Printing/Typing charges Nil ------10.00 ------To be paid by the Petitioners To the Respondent Sd/Assistant Registrar(CS-VII)

//True Copy//

Sub Assistant Registrar

To

The subordinate judge, Ranipet, Vellore District. 2. The District Munsif, Sholingar 3. The Section Officer, VR Section, High Court, Madras +1cc to Mr.K.N.Pandiyan, Advocate, S.R.No.19198

S.A.No. 935 of 2009 GSM(CO) SB(18/08/2021)

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

CNR

HCMA010114482009

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON-PROSECUTION

22 Mar 2021

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22 Mar 2021