This is a non-speaking order in two second appeals for dismissal filed under Section 100 of the Civil Procedure Code. The Court dismissed both appeals due to non-prosecution as the sole appellant had passed away and no instructions were received from his legal representatives.
Both Second Appeals dismissed for non-prosecution. No costs.
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. No. 374 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
S.A. Nos.374 & 375 of 2016
In both Appeals:
A. Dakshinamoorthy ... Appellant
Versus
G. Palanisamy ... Respondent
Prayer in S.A.No.374 of 2016: Second Appeal filed under Section 100 of the Civil Procedure Code, 1908, to set aside the Judgment and Decree dated 27.10.2014 passed in A.S.No.44 of 2012 on the file of the Principal District Court, Cuddalore, in confirming the Judgment and Decree dated 02.03.2012 passed in O.S.No.110 of 2011 on the file of the I-Additional Subordinate Court, Cuddalore and dismiss the suit with costs by allowing this Second Appeal.
Prayer in S.A.No.375 of 2016: Second Appeal filed under Section 100 of the Civil Procedure Code, 1908, to set aside the Judgment and Decree dated 27.10.2014 passed in A.S.No.45 of 2012 on the file of the Principal District Court, Cuddalore, in confirming the Judgment and Decree dated 02.03.2012 passed in O.S.No.60 of 2009 on the file of the I- Additional Subordinate Court, Cuddalore and dismiss the suit with costs by allowing this Second Appeal.
S.A. No. 374 of 2016
For Appellant : Mr. K.R. Ramesh Kumar & Ms. L.K. Rita For Respondent : Mr. A. Nilaphar, for Ms. R. Meenal COMMON JUDGMENT
The Second Appeals have been listed for hearing under the caption “for dismissal” today. The learned counsel for the appellant reported that the sole appellant had passed away, despite taking efforts to bring on record the legal heirs of the deceased sole appellant, till date, no instructions had been received from the appellant side.
passed the following order:-
“On 30.09.2024, the learned counsel submits that they have sent a letter to the appellant and there has been no instruction from the appellant, and they also filed an application in C.M.P. SR. No.37617 of 2024 to bring the legal representatives on record.
2. Today, 17.10.2024, when the matter was taken up for hearing, the learned counsel for the appellant submits that they have no instruction to get along with the case, the learned counsel for the appellant expresses their inability.
3. Post the second appeals under the caption “For Dismissal” on 21.10.2024. ”
S.A. No. 374 of 2016
the appellant and the fact that the appellant's failure to provide instructions to their counsel, this Court has no option but to dismiss the Second Appeals for non-prosecution.
non-prosecution. No costs.
21.10.2024
Index :Yes/No Speaking/Non-Speaking Order Neutral Case Citation : Yes/No
To:
1. The Principal District Court, Cuddalore.
3. The Section Officer, V.R.Section, High Court of Madras.
klt
S.A. No. 374 of 2016
N.SENTHILKUMAR, J.
klt
S.A.Nos.374 & 375 of 2016
`
21.10.2024
1 provisions across 1 enactments
A. Dakshinamoorthy
G. Palanisamy
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
