Dismissed

Nambikkai Foundation Trust v. Balachandran

Madras HC27 Jan 2023SA(MD)/24/2006

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed the Second Appeal by default. The appellants failed to appear, and their counsel had indicated that papers were not ready, leading the court to dismiss the appeal without costs and close the connected miscellaneous petition.

What did the court decide?

The Second Appeal (S.A(MD)No.24 of 2006) was dismissed for default. No costs. Connected Miscellaneous Petition closed.

Nambikkai Foundation Trust Vs Balachandran — Civil Procedure and Limitation | Madras HC (2023)

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S.A(MD)No.24 of 2006

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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S.A(MD)No.24 of 2006 and

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C.M.P(MD)No.203 of 2006

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1.Nambikkai Foundation Trust,

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Pazhavoor through its Vice President

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Sue Stillman,

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Radhapuram Taluk.

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2.Sue Stillman

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... Appellants

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Vs.

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1.Balachandran

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2.Sivakumar

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3.Prabhakar

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4.Kannan

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... Respondents

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PRAYER :-

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This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree passed in A.S.No.113 of 2004 on the file of the Principal District Court, Tirunelveli, dated 31.01.2005 reversing the Judgment and Decree passed in O.S.No.5 of 1999 on the file of Second Additional Sub Court, Tirunelveli, dated 30.03.2004.

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1/4

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

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For Appellants : No Appearance For R1 - R3 : Mr.J.David Ganesan for M/s.Jayapaul Associates

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S.A(MD)No.24 of 2006

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JUDGMENT

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When the matter was taken up for hearing on 25.01.2023, the learned counsel for the appellants filed a memo stating that he already handed over the papers to the appellants. After recording the memo, this Court directed the Registry to print the name of the appellants and post the Second Appeal for hearing on 27.01.2023 under the caption 'for dismissal'.

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Today i.e on 27.01.2023 the Second Appeal is listed by printing the

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name of the appellants under the caption 'for dismissal'. There is no representation for the appellants.

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Hence, the Second Appeal is dismissed for default. No costs.

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Consequently connected Miscellaneous Petition is closed.

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27.01.2023

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NCC : Yes/No Index : Yes / No Internet : Yes / No vsd 2/4

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

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S.A(MD)No.24 of 2006

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1.The Principal District Judge, Tirunelveli.

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2.The II Additional Sub Court, Tirunelveli.

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3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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3/4

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

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S.A(MD)No.24 of 2006

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S.SOUNTHAR, J.

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vsd

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S.A(MD)No.24 of 2006 and C.M.P(MD)No.203 of 2006

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27.01.2023

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

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Nambikkai Foundation Trust v. Balachandran

Case brief

What is this about?

What did the court decide?

Nambikkai Foundation Trust v. Balachandran

Case brief

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