The High Court of Judicature at Madras dismissed four second appeals (S.A.Nos. 989 to 992 of 2005) filed under Section 100 CPC for non-prosecution as the appellant was absent and had no instructions.
The second appeals are dismissed for non-prosecution. No costs. The connected Miscellaneous Petition is 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 : 02.03.2022 CORAM THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.Nos.992, 989 to 991 of 2005 and C.M.P.No.13656 of 2005 Pattuammal ...Appellant in all S.As Vs.
Vannankulam Village Harijan Community people Rep. by 1.Kannaiyan 2.Parasuraman
3.Kuppan
4.District Collector, Thiruvannamalai District.
5.The Tahsildar, Tahsildar Officer, Arani.
6.Radha 7.Rukuammal 8.Raniammal 9.Chinthamani Ammal ...Respondents in S.A.Nos.992 & 989 of 2005
1.Kannaiyan
3.Kuppan ...Respondents in S.A.Nos.990 & 991 of 2005
Prayer in S.A.No.992 of 2005: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 05.01.2005 passed in A.S. No.47 of 2003, on the file of the Sub Court, Arani, upholding the decree and judgment dated 06.12.2001 passed in O.S. No.95 of 1997, on the file of the Principal District Munsif Court, Arani, Thiruvannamalai.
Prayer in S.A.No.989 of 2005 : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 05.01.2005 passed in A.S. No.13 of 2002, on the file of the Sub Court, Arani, reversing the decree and judgment dated 06.12.2001 passed in O.S. No.95 of 1997, on the file of the Principal District Munsif Court, Arani, Thiruvannamalai.
Prayer in S.A.No.990 of 2005 : Second Appeal filed under Section
100 CPC, 1908 against the decree and judgment dated 05.01.2005 passed in A.S. No.14 of 2002, on the file of the Sub Court, Arani, Thiruvannamalai District, reversing the decree and judgment dated 06.12.2001 passed in O.S. No.111 of 1997, on the file of the Principal District Munsif Court, Arani.
Prayer in S.A.No.991 of 2005 : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 05.01.2005 passed in A.S. No.11 of 2002, on the file of the Sub Court, Arani, Thiruvannamalai District, upholding the decree and judgment dated 06.12.2001 passed in O.S. No.111 of 1997, on the file of the Principal District Munsif Court, Arani. In all S.As:
For Appellant : Mr.P.G.Padmanabhan For R1 to R3 : Mr.V.Raghavachari For R4 to R5 : Ms.E.Indumathi
Government Advocate
COMMON JUDGMENT
When the second appeals came up for hearing on 01.03.2022, there was no representation for the appellant and hence was directed to be posted under the caption 'for dismissal' on 02.03.2022. Today, when the matter is taken up for hearing the learned counsel for the appellant reports no instructions for the appellant.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
mtl
To
3. The Section Officer, VR Section, High Court, Madras.
S.A.Nos. 992, 989 to 991 of 2005 and C.M.P.No.13656 of 2005
RLD(CO) RGA(27/05/2022)
1 issue framed by the court
Whether the second appeals should be allowed in the absence of instructions for the appellant.
Pattammal
Vannankulam Village Harijan Community people Rep. by 1.Kannaiyan 2.Parasuraman 3.Kuppan
District Collector, Thiruvannamalai District
The Tahsildar, Tahsildar Officer, Arani
Radha 7.Rukuammal 8.Raniammal 9.Chinthamani Ammal
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
