The Madurai Bench of the Madras High Court dismissed the first appeal filed under Section 96 of the CPC for non-prosecution. The court noted the appeal had been pending since 2015 due to the appellant's counsel's failure to appear and argue the matter.
Appeal dismissed for non-prosecution with costs' costs not awarded.
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.(MD)No.45 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
A.S.(MD)No.45 of 2015
S.Seetharaman (since deceased)
8.R.Kannan ...Appellants
vs.
Page 1 of 4
A.S.(MD)No.45 of 2015
6.K.Alagarsamy 7.Sowrikannan
8.R.Srinivasan 9.G.Ganesan ... Respondents
Prayer: Appeal Suit filed under Section 96 read with order XLI, Rule 1 of the Civil Procedure Code praying to set aside the Judgment and decree dated 23.04.2014 in O.S.No.7 of 2013 on the file of the Additional District Judge, Virudhunagar and allow the first appeal.
For Appellants : Mr.C.Mahadevan For Respondents : Mr.D.Rajkumar for R1 to R6 Mr.R.R.Kannan for R8 No appearance for R7 and R9
J U D G M E N T
(Judgment of the Court was delivered by P.VELMURUGAN, J.)
At the request of the learned counsel for the appellants, the appeal
was adjourned on several occasions. Even on the last occasion, the learned counsel for the appellants sought an adjournment and at his request, the matter is posted today. Today also, the learned counsel is not ready to argue the appeal.
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A.S.(MD)No.45 of 2015
2. The appeal is pending from the year 2015. Despite sufficient
opportunity being given, the learned counsel for the appellants has not come forward to proceed with the appeal. Therefore, due to non co-operation of the learned counsel for the appellants, this Second Appeal is dismissed for non-prosecution. No costs.
(P.V., J.) (K.K.R.K., J.) 25.09.2024
NCC:Yes/No Index:Yes/No Speaking/Non-speaking order
mbi
To
2.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.
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A.S.(MD)No.45 of 2015
P.VELMURUGAN, J. and K.K.RAMAKRISHNAN, J.
mbi
A.S.(MD)No.45 of 2015
25.09.2024
Page 4 of 4 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether an appeal dismissed for want of prosecution is sustainable.
S.Seetharaman
Sree Manavala Maamunigal Charities Trust
P. Velmurugan
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
