The Single Judge dismissed the second appeal for non-prosecution. The appellants were not represented on the hearing date, and their counsel did not appear despite prior notices. The matter was listed for dismissal.
The second appeal (S.A. No. 933 of 2012) was dismissed for non-prosecution as the appellants were not represented on the date of hearing.
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.933 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
S.A.No.933 of 2012
Ulaganathan (died)
...plaintiff / Respondent / Appellant
2.Azhagudurai
3.Anandhan
4.Anbalagan
5.Amudha
...Respondents
**Appellants 2 to 5 are bring on record as the legal representatives of the deceased sole appellant, viz., Ulaganathan vide Court order dated 02.11.2021 made in C.M.P.No.12447 of 2021 in S.A.No.933 of 2012.
-Vs-
Ambujam
...Defendant / Appellant / Respondent
Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.No.144 of 2008 on the file of Additional District Court cum Fast Track Court, Ariyalur dated 29.10.2011 against in O.S.No.214 of 2000 on the file of the Additional Munsif Court, Ariyalur.
1/6
S.A.No.933 of 2012
For Appellant : No appearance For Respondent : M/s.C.B.Kanitha for Mr.S.M.S.Shriram Narayanan
J U D G M E N T
This Court, by order dated 25.09.2024, passed the following order:
“ On 06.09.2024, the learned counsel for the appellants submitted that they had given Change of Vakalat for the appellants and also filed a memo to that effect and requested to delete the names of the counsel for the appellant and to print the name of the appellants.
today, there is no representation for the appellants. Hence, this Court is left
with no other option except to dismiss the appeal for non-prosecution.
2/6
S.A.No.933 of 2012
appearing for the appellants, has filed a memo dated 02.10.2024, which reads
as follows:
3/6
S.A.No.933 of 2012
Recording the same, the Second Appeal stands dismissed for non-
4/6
S.A.No.933 of 2012
prosecution. No costs.
25.10.2024
cda Index : Yes / No Speaking / Non-Speaking Order
To
N.SENTHILKUMAR, J.
cda
5/6
S.A.No.933 of 2012
S.A.No.933 of 2012
25.10.2024
6/6
1 issue framed by the court
Whether to allow the second appeal filed under Section 100 of the Civil Procedure Code.
Ulaganathan (died) & LRs
Ambujam
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
