Two second appeals filed under Section 100 CPC were dismissed for default due to the appellants' absence and failure to appear or instruct counsel, with no representation provided by the respondents.
Both appeals 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.Nos.986 and 1151 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2023
CORAM
THE HON'BLE MR. JUSTICE C.KUMARAPPAN
S.A.Nos.986 and 1151 of 2007 &
M.P.No.2 of 2007
S.A.No.986 of 2007
M.Thirugnanam
... Appellant
Vs.
1.R.Seeranga Gounder 2.V.G.Ramasamy ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 01.06.2006 passed in A.S.No.7 of 2005 on the file of the II Additional Sub.Court, Krishnagiri in confirming the judgment and decree dated 27.01.2005 passed in O.S.No.65 of 2000 on the file of the District Munsif-cum-Judicial Magistrate Court, Uthangarai.
For Appellants : No appearance For Respondents : Ms.L.Palanimuthu for R2 R1 served (No Appearance)
S.A.No.1151 of 2007
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S.A.Nos.986 and 1151 of 2007
N.Sengoda Gounder
... Appellant
Vs.
1.R.Seeranga Gounder 2.V.G.Ramasamy ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 01.06.2006 passed in A.S.No.6 of 2005 on the file of the II Additional Sub.Court, Krishnagiri in confirming the judgment and decree dated 27.01.2005 passed in O.S.No.64 of 2000 on the file of the District Munsif-cum-Judicial Magistrate Court, Uthangarai.
For Appellants : No appearance For Respondents : Ms.L.Palanimuthu for R2 R1 served (No Appearance)
COMMON JUDGMENT
Mr.L.Palanimuthu, learned counsel for the second respondent is
present before this Court. In spite of service of notice to appellant in both the appeals and despite their names being printed in the cause list, there is no representation for the appellant though both the appeals have been posted today under the caption “For Dismissal”. Name of the counsel is also printed in the cause list but there is no representation as the learned counsel has reported 'No instructions” on 31.10.2023 itself. Hence, this Court is of
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S.A.Nos.986 and 1151 of 2007
the view that there is no purpose in keeping these appeals pending.
11.12.2023
Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order gpa To
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S.A.Nos.986 and 1151 of 2007
C.KUMARAPPAN.J.,
gpa
S.A.Nos.986 and 1151 of 2007
11.12.2023
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1 provisions across 1 enactments
M.Thirugnanam
N.Sengoda Gounder
R.Seeranga Gounder
V.G.Ramasamy
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
