The Madras High Court dismissed a second appeal filed under Section 100 of the Civil Procedure Code for non-prosecution due to the appellant's absence and lack of representation at the hearing, despite the respondent appearing.
Second Appeal dismissed for non-prosecution; no order as to costs; connected miscellaneous petitions closed.
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.242 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.242 of 2022 and C.M.P.(MD)Nos.3147 & 3148 of 2022
Chellathurai
... Appellant
/Vs./
Govindan
... Respondent
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.28 of 2016, on the file of the Subordinate Judge, Pattukottai, Thanjavur District, dated 20.06.2019 confirming the decree and judgment passed in O.S.No. 145 of 2013 on the file of the District Munsif, Pattukottai, Thanjavur District, dated 30.09.2019 by allowing this Appeal.
For Appellant : No appearance For Respondent : Mr.D.Senthil
1/4
S.A.(MD)No.242 of 2022
JUDGMENT
This matter is listed under the caption ‘For Dismissal’ today. There
is no representation on the side of the appellant once again.
2. Even on the last hearing date, ie., on 10.03.2023, there was no representation on the side of the appellant. The learned counsel appearing for the respondent is present. The appellant has challenged the concurrent findings of the Courts below. It can now be inferred that the appellant is not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
20.03.2023 Index : Yes / No NCC : Yes / No Sm
2/4
S.A.(MD)No.242 of 2022
TO:
3/4
S.A.(MD)No.242 of 2022
ABDUL QUDDHOSE, J.
Sm
Judgment made in S.A.(MD)No.242 of 2022
Dated: 20.03.2023
Chellathurai
Govindan
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
