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Vadivel Vs K.Alangulam Panchayat — Civil Procedure and Limitation | Madras HC (2023)

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Madras HC
2023
Vadivel Vs K.Alangulam PanchayatVadivel v. K.Alangulam Panchayat

Dismissed

Vadivel v. K.Alangulam Panchayat

Madras HC28 Apr 2023CMA(MD)/2041/2013

Case brief

AI extract

What is this about?

Appeals filed under Order 43 Rule 1(U) CPC were dismissed for default due to non-appearance of the appellants on the hearing date.

What did the court decide?

Appeals dismissed for default with no order as to costs and connected miscellaneous petitions closed.

What the court decided

AI extract

A

C.M.A.(MD).Nos.2041 and 2042 of 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)Nos.2041 and 2042 of 2013 and

M.P(MD) Nos.1 and 1 of 2013

C.M.A(MD) No.2041 of 2013:

Vadivel .....Appellant/1^st Respondent/1^st Defendant

-vs-

K.Alangulam Panchayat Through its President, Kuruvikulam Union, Sankarankovil Taluk, Tirunelveli District. .... 1^st Respondent/Appellant/Plaintiff

The Assistant Commissioner, Land Reforms Department, Murugankuruchi, Palayamkottai,

Parties & counsel

AI extract

appellant
Vadivel
respondent
K. Alangulam Panchayat Through its President
respondent
Assistant Commissioner, Land Reforms Department
appellant
V. Samuthiram
respondent
K. Alangulam Panchayat Through its President Kannan
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 28 Apr 2023 · April
Registered: 3 Dec 2013
Case no.: CMA(MD)/2041/2013

All orders in this case

2 orders share this CNR

28 Apr 2023Order 1 — this page · R.vijayakumar
19 Jun 2026Order 2 · K.murali Shankar

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Cite this judgement

Vadivel v. K.Alangulam Panchayat, CMA(MD)/2041/2013 (MAD), decided on 28 April 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R. Vijayakumar

Parties & counsel

Outcome

Appeals dismissed for default with no order as to costs and connected miscellaneous petitions closed.

Detailed headnote1 paragraphs

Civil Miscellaneous Appeals filed for revision were listed before the Madurai Bench. Due to the absence of the appellants, the court dismissed the appeals for default under Order 43 Rule 1(U) CPC without deciding merits or passing cost.

A compact analysis

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.

Tirunelveli, Tirunelveli District.

.... 2^nd Respondent/2^nd Respondent/ 2^nd Defendant

PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(U) of CPC, against the judgment and decree order passed in A.S.No.90 of 2011 on the file of the Sub Court, Sankarankovil, dated 29.08.2013 remanding the judgment and decree in O.S.No.305 of 2008 on the file of the Additional District Munsif Court, Sankarankovil, dated 23.08.2011.

https://www.mhc.tn.gov.in/judis

1/4

C.M.A.(MD).Nos.2041 and 2042 of 2013

For Appellant : No appearance

For Respondents :Mr.D.Nallathambi - for R1 : Mr.N.G.Natraj

Government Advocate - for R2

C.M.A(MD) No.2042 of 2013:

V.Samuthiram .....Appellant/3^rd Respondent/3^rd Defendant

-vs-

K.Alangulam Panchayat Through its President Kannan Kuruvikulam Union, Sankarankovil Taluk, Tirunelveli District. .... 1^st Respondent/Appellant/Plaintiff

M.Sivan

S.Kadarkarai

.... 2^nd and 3^rd Respondents/1^st and 2^nd Respondents / 1^st and 2^nd Defendants

(2^nd and 3^rd respondents are ex-parte in lower Court Hence notice may be dispenses)

PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(U) of CPC, against the judgment and decree order passed in A.S.No.94 of 2011 on the file of the Sub Court, Sankarankovil, dated 29.08.2013 remanding the judgment and decree in O.S.No.350 of 2008 on the file of the Additional District Munsif Court, Sankarankovil, dated 23.08.2011.

For Appellant : No appearance

For Respondents :Mr.D.Nallathambi - for R1 : No appearance – for R2 and R3

https://www.mhc.tn.gov.in/judis

2/4

C.M.A.(MD).Nos.2041 and 2042 of 2013

C O M M O N J U D G M E N T

When the Civil Miscellaneous Appeals were listed on 26.04.2023, there was no representation on the side of the appellants and hence the Civil Miscellaneous Appeals were posted today i.e., on 28.04.2023 under the caption “for dismissal”. Even today, there is no representation on the side of the appellants. Hence, this Civil Miscellaneous Appeals are dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

28.04.2023

NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

To

The Sub Court, Sankarankovil.

2. The Additional District Munsif Court, Sankarankovil.

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

3/4

C.M.A.(MD).Nos.2041 and 2042 of 2013

R.VIJAYAKUMAR,J.

ebsi

C.M.A.(MD)Nos.1041 and 1042 of 2013

28.04.2023

https://www.mhc.tn.gov.in/judis

4/4

M. Sivan

Coram

AI extract

R. Vijayakumar

CNR

HCMD010005762013

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR DEFAULT

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