In this second appeal, the High Court of Madras dismissed the matter for default due to the non-appearance of the appellant's counsel. The court noted the respondent's representation and closed the appeal and connected proceedings without costs or reasoning on the merits.
Dismissed for default; No costs; Connected miscellaneous petitions closed.
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S.A.No.609 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
S.A.No.609 of 2011
G.Sambandam, Rep by his power agent, Mrs.Buvaneswari, No.10, Sivan East St., Vailankanni, Nagapattinam District. ...Appellant Vs. 1.Balaguru
3.Chandra
4.Vasantha
...Respondents
PRAYER: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree passed in A.S.No.23 of 2009 dated 27.01.2001, on the file of the District Court, Nagapattinam, in reversing the judgment and decree passed in O.S. No.77 of 2007, dated 20.11.2009, on the file of the Subordinate Court, Nagapattinam.
For Appellant : No appearance For Respondents : No appearance
J U D G M E N T
Second Appeal has been filed against the judgment and decree
passed in A.S.No.23 of 2009 dated 27.01.2001, on the file of the District
Court, Nagapattinam, in reversing the judgment and decree passed in
1/4
S.A.No.609 of 2011
O.S. No.77 of 2007, dated 20.11.2009, on the file of the Subordinate
Court, Nagapattinam.
for the respondents reported that the final decree has been passed by the Trial Court. Hence, the matter was ordered to be listed to-day i.e., on 01.08.2024, for getting instructions from the appellant.
3.Today when the matter is called, there is no representation on behalf of the appellant. Taking note of the representation made by the learned counsel for the respondent on 24.06.2024 that the final decree has been passed by the Trial Court and that there is no representation for the appellant, this Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petitions, if any, are also closed.
sli 01.08.2024 Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No
S.A.No.609 of 2011
To
V.SIVAGNANAM, J.
S.A.No.609 of 2011
sli
S.A.No.609 of 2011
01.08.2024
1 issue framed by the court
Whether to allow or dismiss the second appeal filed under Section 100 of the CPC in the absence of the appellant.
1 provisions across 1 enactments
G.Sambandam
Balaguru
Rajeswari
Chandra
Vasantha
Rani
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
