Appeal suit filed under S.96 CPC to set aside a decree. Due to lack of representation by the appellant for over two years and repeated failures to appear, the High Court dismissed the appeal suit for non-prosecution.
The Appeal Suit is dismissed for non-prosecution. 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
Date : 28.03.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.99 of 2014
Dr.V. Sivakumar ... Appellant/ 3rd Defendant
Vs.
Mrs. G. Ambujam (deceased) ...Plaintiff 1. Mr.K.Ganesan 2. Mr.G.Manivasagam ...Respondents/Plaintiff 2&3 3. Mrs.V.Karuanidhi 4. V. Jeevan 5. Mrs.Indira 6. Mrs.Anusuya 7. Mrs.Saradha 8. Ms.Sundaravalli 9. Mathiyavarnam 10.Mrs.Manimegalai 11.Mr.G.Selvaraj 12.Mr.T.ANeelakandan 13.Mr.Vijay Nivas 14.Aravind Nivas ... Respondents / Defendants
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 06.08.2013 passed in O.S.No.6 of 2009 by the learned District and Sessions Judge, Thiruvarur.
For Appellant : No appearance
For Respondent-8 : M/s.T.Sathya Moorthy
This Appeal Suit has been filed to set aside the Judgment and Decree of the learned District and Sessions Judge, Thiruvarur. made in O.S.No.6 of 2009 dated 06.08.2013.
4.In such a view of the matter, the Appeal Suit is liable to be dismissed. Accordingly, the Appeal Suit is dismissed for non-prosecution. No costs.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
ggs To:
The District and Sessions Judge, Thiruvarur.
Copy to The Section Officer, V.R Section, High Court, Madras.
+1cc to Mr.T.Sathiyamoorthy, Advocate Sr.20700
A.S.No.99 of 2014
pa[co] srg 21/04/2022
1 issue framed by the court
Whether an appeal suit proceeding with non-prosecution for a prolonged period including absence of counsel and parties should be dismissed.
1 provisions across 1 enactments
Dr.V. Sivakumar
Mrs. G. Ambujam
Mr.K.Ganesan
Mr.G.Manivasagam
Mrs.V.Karuanidhi
V. Jeevan
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
