In this second appeal under Section 100 CPC, the appellant was absent for two consecutive hearings despite being in the cause list. The learned counsel for respondents appeared. The High Court dismissed the appeal for default.
The second appeal was dismissed for default accordingly.
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.
S.A(MD).No.115 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022 CORAM:
THE HONOURABLE MR. JUSTICE N.SESHASAYEE S.A(MD).No.115 of 2010
Kaliyamoorthy ... Defendant/Appellant/Appellant Vs.
1.Liyakath Ali
2.Manssor Ali
3.Noorjahan Begum
4.Junaitha Begum
5.Nilanarjohn
6.Jarinabegum ... Plaintiffs/Respondents/Respondents
Prayer : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 05.11.2008 made in A.S.No.119 of 2006 on the file of the Principal Subordinate Court, Kumbakonam confirming the judgment and decree dated 31.03.2003 made in O.S.No.92 of 1997 on the file of the Additional District Munsif Court, Valangaiman at Kumbakonam.
For Appellant : No appearance For Respondents : Mr.R.Madhusudhanan
J U D G M E N T
There is no representation for the appellant on two successive hearings, even though the name of the appellant has been printed in the cause list.
2.The learned counsel for the respondents is represented.
3.This Second Appeal is dismissed for default accordingly. No costs.
Assistant Registrar (CS I)
// True Copy //
/06/2022 Sub Assistant Registrar(CS)
rmk
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S.A(MD).No.115 of 2010
To
1.The Principal Subordinate Judge, Kumbakonam.
2.The Additional District Munsif, Valangaiman, Kumbakonam.
3.The Section Officer,
VR Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES)
S.A(MD).No.115 of 2010
20.06.2022
SS(27/06/2022) 2P 5C
2/2
1 issue framed by the court
Whether the second appeal filed under Section 100 of CPC can be adjudicated in the absence of the appellant?
Kaliyamoorthy
Liyakath Ali
Manssor Ali
Noorjahan Begum
Junaitha Begum
Nilanarjohn
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
