In this Second Appeal, the Madurai Bench of the Madras High Court dismissed the appeal for default due to the non-appearance of the appellants and their expressed lack of interest in prosecuting the second appeal against certain respondents.
The Second Appeal dismissed for default; 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(MD)No.358 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.358 of 2006
1.Uthandaraman 2.J.Balakrishnan 3.J.Varadharajan
5.Subramanian @ Rama 6.Umashankar ... Appellants
Vs.
6.Ramamoorthy ... Respondents
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree made in A.S.No.5 of
1/4
S.A(MD)No.358 of 2006
2004, dated 24.03.2005 on the file of the Additional District Judge, Fast Track Court I, Thanjavur, confirming the judgment and decree made in O.S.No.254 of 2002, dated 19.11.2003 on the file of the District Munsif Court, Thiruvaiyaru.
For Appellants : No appearance
For Respondents : No appearance
JUDGMENT
When the Second Appeal was taken up for hearing on 18.07.2024, there was no representation for the appellants in the forenoon as well as in the afternoon session. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the Second Appeal under the caption 'For Dismissal'.
2. Today, the Second Appeal is listed under the caption 'For
Dismissal'. Even today, there is no representation for the appellants.
3. It is seen from the records, the Second Appeal was already dismissed as against respondents 3 and 4 for non-payment of batta and the appellant is not interested in prosecuting the Second Appeal.
2/4
S.A(MD)No.358 of 2006
4. Hence, the Second Appeal stands dismissed for default. There
shall be no order as to costs.
23.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
3/4
S.A(MD)No.358 of 2006
S.SOUNTHAR, J.
BTR
Judgment made in S.A(MD)No.358 of 2006
Dated: 23.07.2024
Uthandaraman and others
Sundararajulu and others
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
