Dismissed

Sakunthala v. Karuppathal (Died) 1. Ramakrishnan

Madras HC1 Aug 2024SA(MD)/436/2023

Case brief

AI extract

What is this about?

Second appeal was dismissed for default due to the appellant's continuous non-appearance to argue despite multiple listings and showing of cause. Connected miscellaneous petitions were also closed. No order was passed to vacate the interim order as dismissal sufficed.

What did the court decide?

Second appeal dismissed for default with costs; connected Miscellaneous Petitions closed; interim order not restored.

Sakunthala Vs Karuppathal (Died) 1. Ramakrishnan — Civil Procedure and Limitation | Madras HC (2024)

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SA(MD)No.436 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated: 01/08/2024

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CORAM

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The Hon'ble Mr.Justice G.ILANGOVAN

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SA(MD)No.436 of 2023 and CMP(MD)No.10266 of 2023 and

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CMP(MD)Nos.2858 and 3104 of 2024

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Vs.

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Karuppathal(Died)

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1.Ramakrishnan

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2.Muthukumar

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3.Anandha Navagi : Respondents 1 to 3/

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4.Ramanathan : 4^th Respondent/

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^th Respondent/

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PRAYER: Second Appeal is filed under Section 100 of

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the Civil Procedure Code, against the judgment and decree, dated 05/08/2022 passed in AS No.84 of 2018 by the Additional Sub Court, Palani, Dindigul District, confirming the judgment and decree, dated 05/03/2018 passed in OS No.249 of 2013 by the District Munsif Court, Palani, Dindigul District.

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For Appellant : Mr.V.R.Venkatesan

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For 1^st Respondent : Mr.S.Subbiah

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Senior Counsel for Mr.G.Aravinthan For 2^nd Respondent : Mr.M.R.Seenivasan

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For 3^rd Respondent : Mr.M.Karuppasamy

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For 4^th Respondent : No appearance

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SA(MD)No.436 of 2023

JUDGMENT

This second appeal is filed against the judgment and decree, dated 05/08/2022 passed in AS No.84 of 2018 by the Additional Sub Court, Palani, Dindigul District, confirming the judgment and decree, dated 05/03/2018 passed in OS No.249 of 2013 by the District Munsif Court, Palani, Dindigul District.

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2 . Right from 10/06/2024, the matter is pending for arguing the matter on the side of the appellant. Repeatedly this matter is listed, the appellant is enjoying the interim order continuously.

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3.Repeatedly, the respondents also submitted that after getting the interim order, the appellant has not come forward to argue the matter. On 08/07/2024, the learned counsel appearing for the appellant would submit that possibility of settlement can also be explored, since the issue is between two brothers. So, the matter was adjourned. But no settlement was reached between them.

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4.When the matter was listed yesterday, the learned counsel appearing for the appellant has submitted that because of his health condition, he was not in a position

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SA(MD)No.436 of 2023

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to argue the matter. He requested to post the matter specifically at 2.15 pm today, so that he can accommodate and argue the matter. In the morning, the Junior Counsel for the appellant present before this court. But in the afternoon, there was no representation.

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dismissed for default with costs. Consequently, connected Miscellaneous Petitions are closed.

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6.After passing the order, the learned Senior counsel appearing for the 1^st respondent would submit that the appellant is enjoying the interim order, so if the second appeal is restored to file, automatically the interim order already granted also to be restored. On that account, he wants to vacate the interim order itself. When the second appeal is dismissed for

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default, there is no necessity to pass any order for vacating the interim order. It will automatically goes. It is made clear that the interim order will not be restored.

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01/08/2024

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Index:Yes/No Internet:Yes/No er To,

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SA(MD)No.436 of 2023

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1.The Sub Judge, Palani, Dindigul District.

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2.The District Munsif, Palani, Dindigul District.

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3.The Section Officer, VR/ER Section, Madurai Bench of Madras High Court, Madurai.

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SA(MD)No.436 of 2023

G.ILANGOVAN, J

SA(MD)No.436 of 2023

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01/08/2024

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Sakunthala v. Karuppathal (Died) 1. Ramakrishnan

Case brief

What is this about?

What did the court decide?

Sakunthala v. Karuppathal (Died) 1. Ramakrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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