The Madras High Court dismissed an appeal filed under Section 96 CPC for non-prosecution. The appellant did not appear despite notices, and the court held this evidenced a lack of interest in pursuing the appeal.
Appeal suit 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.
A.S.(MD)No.85 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
A.S.(MD)No.85 of 2010
S.Kalaiselvi ... Appellant / Plaintiff
-Vs-
1.Meenakshi Achi 2.T.Arunachalam
3.T.Subramaniyan @ Sivanesan
4.G.Gopalakrishnan ... Respondents / Defendants
PRAYER : Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the decree and judgment made in O.S.No.213 of 2004 dated 16.12.2009 on the file of the Additional District Judge, Fast Track Court No.II, Madurai.
For Appellant : No Appearance For R1 and R4 : No Appearance For R2 and R3 : Mr.G.Mohan Kumar
JUDGMENT
When the matter was taken up for hearing on 21.06.2022, none
appeared on behalf of the appellant. Therefore, the matter was directed to be listed today (24.06.2022) under the caption 'for dismissal'.
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A.S.(MD)No.85 of 2010
2.Today also, when the matter is taken up for hearing, none appeared on behalf of the appellant. The learned counsel for the respondents 1 and 4 are not
present. It shows that the appellant does not have interest in pursuing the appeal. Therefore, this Court has no other option except to dismiss this appeal for nonprosecution. Accordingly, this Appeal Suit stands dismissed for non-prosecution. No costs.
24.06.2022
Index : Yes / No Internet : Yes / No
Myr To
1.The Additional District Judge,
Fast Track Court No.II, Madurai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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A.S.(MD)No.85 of 2010
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A.S.(MD)No.85 of 2010
P.VELMURUGAN, J.
Myr
A.S.(MD)No.85 of 2010
24.06.2022
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1 provisions across 1 enactments
S.Kalaiselvi
Meenakshi Achi
T.Arunachalam
T.Subramaniyan @ Sivanesan
G.Gopalakrishnan
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
