Second appeal against a decree in a suit; appellant repeatedly failed to comply with Registry requirements and take steps to bring legal representatives of the deceased seventh respondent on record despite multiple chances, so the appeal was dismissed for non-prosecution.
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S.A.No.853 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
S.A.No.853 of 2013
and
M.P.No.1 of 2013
S.Anantharasu ...Appellant / Appellant / Plaintiff -Vs-
1.Amirthalingam 2.S.Venkatachalam 3.Savithiri ...Respondents 1 to 3 / Respondents 1 to 3 / Defendants 1 to 3
K.Vedachalam (Died)
4.V.Veerapandian 5.V.Kumar 6.G.Rajendran 7.K.Thayumanavan ...Respondents 4 to 7 / Respondents 4 to 7 / Defendants 5 to 8
Prayer:- Second Appeal preferred under 100 of CPC against the judgment and decree dated 08.11.2011 of the learned District Judge, Nagapattinam in A.S.No.13 of 2011 confirming the judgment and decree dated 28.02.2003 of the learned Principal Sub Judge, Nagapattinam in O.S.No.258 of 2000.
S.A.No.853 of 2013
For Appellant : M/s.G.Devi For R1 : No appearance For R2 to R6 : AOS not filed R7 : Dismissed vide Court order dated 21.12.2022
J U D G M E N T
This Court, by order dated 21.12.2022, passed the following order:
“ The above matter is listed today under the caption 'Default Cases', for noncompliance of the requirements of the Registry, including the payment of batta.
2. The concerned counsels are directed to pay the batta and to comply with the other requirements of the Registry, on or before 11.01.2023 as a last chance, and to file proof of compliance, immediately, thereafter.
3. On non-compliance of the requirements of the Registry, on or before the specified date, as directed by this Court, the Second Appeal shall stand dismissed, automatically, in so far as the 7th respondent is concerned, without further reference to this Court. ”
S.A.No.853 of 2013
appellant sought time for taking steps to bring the legal representatives of the deceased 7th respondent on record.
costs. Consequently, connected miscellaneous petition is closed.
24.10.2024
cda Index : Yes/No Speaking/Non Speaking order
N.SENTHILKUMAR, J.
cda
To
S.A.No.853 of 2013
S.A.No.853 of 2013
24.10.2024
1 provisions across 1 enactments
S.Anantharasu
Amirthalingam
S.Venkatachalam
Savithiri
V.Veerapandian
V.Kumar
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
