This appeal under Section 96 of CPC was dismissed for non-prosecution because the appellant failed to appear before the High Court on the scheduled dates, despite multiple listings.
The appeal suit was dismissed for non-prosecution.
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.
AS.No.1226 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
AS.No.1226 of 2015
Bhuvaneswari Appellant Vs 1. S.Balasubramaniam 2. B.Prabakaran 3. B.Mythili 4. Soundarrajan 5. Vijayakumar 6. The Sub Registrar, Muthupet Thiruthuraipoondi, Tiruvarur 7. K.Sivagamasundari Respondents
Prayer:- This Appeal Suit is filed, under Section 96 of CPC, against the judgement and decree, dated 20.08.2015 made in OS.No.17 of 2010, by the Principal District and Sessions Court, Tiruvarur.
For Appellant : No Appearance For Respondents : RR1 to 3- No Appearance M/s.P.Srividhya-R4
AS.No.1226 of 2015
AS.No.1226 of 2015
S.S.SUNDAR, J.
and A.A.NAKKIRAN, J.
Srcm
JUDGEMENT
(Judgement of the Court was made by S.S.SUNDAR, J.)
When the matter was taken up for consideration on an earlier occasion
on 19.12.2022, there was no representation for the Appellant and hence, the matter was directed to be listed today, i.e. 20.12.2022, under the caption “for dismissal' and accordingly, the matter is posted today i.e.20.12.2022, under the caption “for dismissal”. Even today, when the matter is taken up for consideration, there is no representation for the Appellant. Hence, this Court has no other option, except to dismiss this appeal suit for non prosecution. Accordingly, this Appeal Suit is dismissed, for non-prosecution. No costs.
(S.S.S.R.J.) & (A.A.N.J.) 20.12.2022
Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm
To
AS.No.1226 of 2015
1 issue framed by the court
Whether this appeal suit filed under Section 96 of CPC should be dismissed for non-prosecution in the absence of the appellant.
Bhuvaneswari
S. Balasubramaniam
B. Prabakaran
B. Mythili
Soundarrajan
Vijayakumar
S.S. Sundar
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
