The Second Madras Bench dismissed a second appeal under Section 100 CPC filed by Sadasivam against a civil decree regarding a temple trust. The appellant failed to appear on two consecutive hearing dates. The court dismissed the appeal for default without costs and closed the connected miscellaneous petition.
Second appeal dismissed for default by the appellant.
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(MDNo.626 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.626 of 2006 and M.P(MD)No.1 of 2006
Sadasivam
...Appellant
-Vs-
S.A(MDNo.626 of 2006
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree passed in A.S.No.193 of 2004 dated 28.11.2005 on the file of the District Court, Kanyakumari at Nagercoil, confirming the judgment and decree passed in O.S.No.82 of 2001, dated 28.07.2004, on the file of the Second Additional Sub Court, Nagercoil.
For Appellant : No appearance For R1 : Mr.S.Xavier Rajini For R4 to R7 : Mr.C.Dhanaseelan
For R2, R3, & R8 : No appearance
JUDGMENT
When the second appeal was taken up for hearing on 03.04.2024, there
was no representation for the appellant in the forenoon as well as afternoon. Hence, in order to give an opportunity to the appellant, Registry was directed to list the matter today (i.e.,) 05.04.2024 under the caption 'for dismissal'.
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S.A(MDNo.626 of 2006
05.04.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
To
1.The District Judge, Kanyakumari at Nagercoil.
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A(MDNo.626 of 2006
S.SOUNTHAR, J.
cp
S.A(MD)No.626 of 2006
05.04.2024
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2 issues framed by the court
Whether the second appeal filed under Section 100 CPC should be disposed of due to non-appearance of the appellant.
Whether the second appeal stands dismissed for default.
1 provisions across 1 enactments
Sadasivam
Gopalakrishnan
Arulmighu Peria Swamy Kovil Trust
Vasanthakumar
Thangathurai
Ponsamy
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
