The court dismissed the second appeal for non-prosecution because the learned counsel for the appellants was absent on several previous dates and continued to be absent on the date of the hearing.
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Second Appeal No.1442 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2024
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Second Appeal No.1442 of 2013
1.K.S.Rangarajan 2.G.Subramanian 3.V.S.Murugesan 4.V.K.S.Gaden Residents Welfare Association Rep.by its President K.S.Rangaran 9, VKS Garden, Vadavalli (PO) Coimbatore District. …. Appellants -VsK.Swaminathan …. Respondent
Prayer : Second Appeal under Section 100 of C.P.C., against the judgment and decree dated 08.04.2008 made in A.S.No.2 of 2008 on the file of the learned Principal Subordinate Judge of Coimbatore reversing the judgment and decree dated 23.11.2007 made in O.S.No.2058 of 2004 on the file of the learned Additional District Munsif of Coimbatore.
For Appellants : No appearance For Respondents : Mr.V.Nicholas
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Second Appeal No.1442 of 2013
V.LAKSHMINARAYANAN, J.
KST
J U D G M E N T
Learned counsel for the appellants has been absent on 03.01.2024, 04.01.2024 and 18.01.2024. He is absent even today. Being left with no other option, the Second Appeal is dismissed for non prosecution. No costs.
05.02.2024
Index : Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order KST
To
1.Principal Subordinate Judge, Coimbatore.
2.Additional District Munsif, Coimbatore.
S.A.No.1442 of 2013
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1 issue framed by the court
Whether the second appeal should proceed despite the appellant's counsel being absent on multiple dates including the date of hearing?
1 provisions across 1 enactments
K.S.Rangarajan
G.Subramanian
V.S.Murugesan
V.K.S.Gaden Residents Welfare Association
K.Swaminathan
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
