This Court dismissed a second appeal under Order IX Rule 9 of the Criminal Procedure Code for non-prosecution. The appellants failed to appear or prosecute the matter after being listed under a 'For dismissal' caption.
Appeal 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
DATED : 11.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
S.A.NO.24 OF 2017
A.Nagammal (Deceased)
(Appellants 2 to 8 are already on record as legal representatives of the deceased first appellant vide order dated 27.03.2017 made in S.A.No.24 of 2017)
PRAYER:-
Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, against the judgment and decree dated 07.12.2009 and passed in A.S. No.336 of 2008 on the file of the Additional District and Sessions Judge (Fast Track Court-III), at Chennai, reversing the judgment and decree passed in O.S.No.1113 of 1991 dated 31.12.2004 on the file of the VIII Assistant Judge, City Civil Court, Chennai.
For Appellants : No appearance For Respondents : No appearance 1 to 8 & 10
For Respondent 9 : Mr.D.Gopal Government Advocate Criminal Side
JUDGMENT
Though the appeal was presented in the year 2011, it was numbered only in the year 2017. After numbering the appeal, the matter was taken on file and it has been adjourned on several occasions. On 25.02.2021, at the request of appellants' counsel, the matter was adjourned to 22.03.2021 for impleading the legal representatives of deceased fourth respondent. Again this Court had to adjourn the matter on 22.03.2021 as the appellants did not implead the legal representatives of the deceased 4th and 5th respondents. When the matter appeared on 09.02.2022, this Court, finding that no steps have been taken, so far, to implead the legal representatives of the deceased 4th and 5th respondents,
directed the matter to be posted today under the caption “For dismissal”. Despite this Court listed the matter under the caption “For dismissal” and the name of parties are being printed in the cause list, there is no representation for the appellants. This Court is of the opinion that the appellants are not interested in prosecuting the appeal. Having regard to the conduct and attitude of the learned counsel for the appellants, this Court is not inclined to give further opportunity to the appellant.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
bkn
To
+1cc to the Special Government Pleader, S.R.No.9066
S.A.NO.24 OF 2017
VG-II(CO) PBS/14/03/2022
A.Nagammal (Deceased) and others
M.A.Rajabather (Deceased) and others
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
