The High Court dismissed a first appeal filed under Section 96 CPC for non-prosecution as no instructions were received and the appellant had withdrawn case papers.
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.
A.S.No.663 of 2016
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
A.S.No.663 of 2016
and
C.M.P.No.20151 of 2016
4.S.M.Subramani
...Appellants
Vs.
A.S.No.663 of 2016
6.Subramani
7.M/s.Shanmuga and Co. Rep. by Partner Amsa, A firm Office at Shanmuga Weigh Bridge, 2/350 Sankari Main Road, Kondalampatty, Salem - 636 010.
8.Tamilselvan @ Ayyanar
9.Kanagarani
10.Amirthavalli
11.Rani
12.Tamilselvi ...Respondents
Prayer: First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 29.06.2016 made in O.S.No.67 of 2010 on the file of the III - Additional District Court, Salem.
For Appellants : Mr.Zeenath Begum For Respondents : Mr.K.R.Samratt for R1 to R4 M/s.Aiyar & Dolia for R5 - No appearance R7 to R12 - Served - No appearance
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The learned counsel appearing for the appellant has filed a memo on
27.11.2023 reporting no instructions. It is seen from the memo that the
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A.S.No.663 of 2016
appellant has taken back the entire case papers on 31.05.2023 itself. No
new counsel had entered appearance. Hence, it is clear that the appellant is
not interested in prosecuting the appeal.
2.This Firs Appeal is therefore, dismissed for non-prosecution. The learned counsel for the appellant shall inform the appellant in writing by Registered Post that the appeal has been dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M., J.) (R.S.V., J.) 24.04.2024
kkn
Internet:Yes Index:No Speaking Neutral Citation :No
To:-
The III-Additional District Court, Salem.
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A.S.No.663 of 2016
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
KKN
A.S.No.663 of 2016 and C.M.P.No.20151 of 2016
24.04.2024
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1 provisions across 1 enactments
Annaporani and others
Palanisamy and others
R.Subramanian
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
