This Second Appeal was dismissed for default as the appellant failed to appear and pay the requisite court fee despite multiple listings. The Court noted the appellant's lack of interest in prosecuting the appeal.
The Second Appeal is dismissed for default; 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.
S.A(MD)No.517 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022
CORAM:
THE HON'BLE MRS.JUSTICE R.THARANI
S.A(MD)No.517 of 2015
M.Kamalam ...Appellant/1st Respondent/ 1st Defendant
Vs.
1.Chellasamy @ K.K.Mani
2.Balgunan
3.Rajan
4.Chellakannu
5.Mani ...Respondents 1 to 5/Appellants/ Plaintiffs
6.Chinnapillai Nadar ...6th Respondent/2nd Respondent/ 2nd Defendant
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 24.02.2012 made in A.S.No.7 of 2007 on the file of the Subordinate Judge, Kuzhithurai, reversing the judgment and decree dated 12.04.2006 made in O.S.No.62 of 1997 on the file of the II Additional District Munsif, Kuzhithurai.
For Appellant : No appearance For R3 to R5 : M/s.J.Anandavalli For R1 and R2 : Dismissed, vide order dated 30.08.2017
JUDGMENT
This appeal is pending from the year 2015. By order dated 30.08.2017 this Court directed the appellant to pay batta for the respondents 1 and 2. Since batta was not paid, the appeal was dismissed as against the first and second respondents.
2.When the case was listed before this Court on 07.02.2022, 14.02.2022 and 24.02.2022, there was no representation on the side of the appellant. On 24.02.2022 there was no representation on the side of the appellant and hence, the case was directed to be listed on 10.03.2022 under the caption “for argument or for orders”.
3.When the matter is taken up for hearing today ie., on 10.03.2022, there is no representation on the side of the appellant, https://hcservices.ecourts.gov.in/hcservices/
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S.A(MD)No.517 of 2015
which shows that the appellant has not shown any interest to prosecute the appeal and there is no use in keeping the appeal pending any further.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Ns
To
1.The Subordinate Judge, Kuzhithurai.
2.The II Additional District Munsif, Kuzhithurai.
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES)
+1 CC to M/s.J.ANANDHAVALLI, Advocate (SR-11463[F] dated 11/03/2022)
S.A(MD)No.517 of 2015 10.03.2022
NSN(CO) GC(24.03.2022) 2P 6C
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M.Kamalam
Chellasamy @ K.K.Mani
Balgunan
Rajan
Chellakannu
Mani
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
