The court dismissed a second appeal for non-prosecution. The appellant's counsel could not provide instructions within the stipulated time limit, leading to the dismissal of the appeal and closure of the connected miscellaneous petition.
Second appeal dismissed for non-prosecution; connected miscellaneous petition closed; no order as to 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.412 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2024
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
S.A.No.412 of 2009 and
M.P.No.1 of 2009
1.Madar Shaeb (died)
... Appellants
(Appellants 2 to 6 were brought on record as LRs of deceased sole appellant vide order dated 07.11.2019 in M.P.Nos.1 to 3 of 2015)
vs.
1.Sankar
3.Paramathma, Secretary Tamil Nadu Primary Agricultural Bank Staffs Society Ltd
Pudupalayam, Cuddalore.
... Respondents
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 13.02.2007 in A.S.No.54 of 2006 passed by the learned I Additional Sub Court, Cuddalore,
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S.A.No.412 of 2009
confirming the judgment and decree dated 09.03.2006 in O.S.No.127 of 2001 passed by the Principal District Munsif, Cuddalore.
For appellants : Mr.P.Mani For respondent -1 : Mr.S.Venkateswaran For respondent – 2 : Dismissed vide order dated 16.12.2022
J U D G M E N T
The learned counsel for the appellants has submitted that in spite
of sending a letter dated 27.03.2024, he is not in a position to get any instruction from the appellants. Further, the learned counsel has submitted the letter dated 27.03.2024 along with the original postal receipts of the appellants.
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S.A.No.412 of 2009
prosecution. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
15.04.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd
To
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S.A.No.412 of 2009
C.KUMARAPPAN,J.
apd
S.A.No.412 of 2009
15.04.2024
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1 issue framed by the court
Effect of non-prosecution on a second appeal filed under Section 100 of the Civil Procedure Code.
1 provisions across 1 enactments
S. Madar Shaeb and others
Sankar
Jagadeesan
Paramathma
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
