The Madras High Court dismissed a Second Appeal for default due to the absence of the appellant's counsel and failure to take necessary steps for one of the deceased appellants across multiple listing dates.
The Second Appeal was dismissed for default with 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.
SA.(MD)No.326 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE R.THARANI S.A(MD)No.326 of 2015
Jeydhoon Beevi(Died)
8.J.Ayisa Banu 9.J.Jankar Banu ... Appellants
Vs
Jeenath Begam ... Respondents
PRAYER :-
This Second Appeal is filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 09.01.2014 in A.S.No.62 of 2011 on the file of the Subordinate Judge, Ambasamudram, confirming the judgment and decree dated 18.12.2009 passed in O.S.No.122 of 2006 on the file of the Principal District Munsif, Ambasamudram.
For Appellant : No Appearance
For Respondent : Mr.H.Arumugam
JUDGMENT
This appeal is pending from the year 2015. Notice before admission was ordered. The first appellant died on 14.05.2015 and the same was reported before this Court on 21.08.2017. The matter was adjourned for taking steps for the deceased appellant on 05.09.2017, 20.09.2017. No step was taken by the learned counsel for the appellant.
2.The matter was listed before this Court on 09.02.2022, 16.02.2022, 01.03.2022 and on 14.03.2022. On all the hearing dates, there was no representation on the side of the appellant and steps for the first appellant was not taken. On 14.03.2022, the case was adjourned to 21.03.2022 under the caption 'for taking steps or for orders'.
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SA.(MD)No.326 of 2015
3.Today, ie., on 21.03.2022, also steps for the first appellant was not taken. There is no representation on the side of the appellant. Therefore, there is no use in keeping the case pending any further.
4.Accordingly, this Second Appeal is dismissed for default. No costs.
Assistant Registrar (CS I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
pnn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Subordinate Judge, Ambasamudram.
2.The Principal District Munsif, Ambasamudram.
3.The Record Clerk,Vernacular Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-13627[F] dated 22/03/2022 ) S.A(MD)No.326 of 2015 21.03.2022
MGJ(01.04.2022) 2P 6C
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1 issue framed by the court
Whether the Second Appeal can be maintained in the absence of the appellant and failure to take steps for a deceased appellant.
1 provisions across 1 enactments
Jeydhoon Beevi (Died)
Fathima Begam
Jeenath Begam
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
