In a second appeal regarding a decree from the Sub Court and an original suit, the High Court of Judicature at Madras dismissed the appeal for non-prosecution after the appellants failed to appear and argue the case on the hearing date.
Second Appeal dismissed for non-prosecution; no costs awarded; connected miscellaneous petition closed.
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: 06.04.2022
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
S.A.N o.590 of 2010 and M.P. No.1 of 2010
1.M.Loganathan 2.M.Ganapathy 3.M.Ranganathan
...Appellants/Plaintiffs
..Vs..
The Odugathur Palanokku Co-operative Society, C-2522, Odugathur - Nemanthapuram Agricultural Co-operative Bank by its President At Odugathur, Vellore Taluk and District.
...Respondent/Defendant
PRAYER : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 26.02.2010 in A.S.No.67 of 2007 on the file of the Sub Court, Vellore, upholding the decree and judgment in O.S.No.1136 of 1996 dated 29.11.2006 on the file of the Additional District Munsif Court, Vellore.
For Appellants : Ms.Malarvizhi For Respondent : Mr.P.Raghunathan for M/s.T.S.Gopalan & Co
JUDGMENT
When the second appeal came up for hearing on 05.04.2022, there was no representation for the appellants and hence the Registry was directed to post this matter under the caption "for dismissal' on 06.04.2022.
2.Today, when the matter is taken up for hearing, learned counsel for the appellants is not ready to argue the case. The Second appeal is of the year 2010. A perusal of the records shows that concurrent finding was recorded by both the Courts below. Further, I do not find any reason to adjourn the case.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
mtl
To
+1cc to M/s.T.S.Gopalan & Co, Advocates SR. No. 23775
S.A. No.590 of 2010 and M.P. No.1 of 2010
BR (CO) PR (23/05/2022)
1 issue framed by the court
Whether the Second Appeal filed under Section 100 C.P.C. should be allowed given the non-appearance of the appellants.
1 provisions across 1 enactments
M.Loganathan
M.Ganapathy
M.Ranganathan
The Odugathur Palanokku Co-operative Society
HONOURABLE MRS.JUSTICE R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
