The Second Appeal under Section 96 of the Civil Procedure Code was dismissed because the Advocate for the Appellant failed to comply with the Court's direction to take steps within the granted fifteen days.
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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.
SA(MD). No.655 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Tuesday, the Ninth day of July Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
SA(MD). No.655 of 2022
Sannasi Thevar (Died) ... 1st Appellant in A.S.No41 of017/Defendant
1.S.Ramalakshmi
W/o.Sannasi Thevar 14-B Appukutty Iyer Lane Kumbakonam Town.
2.S.Kaleeswari,
D/o.Sannasi Thevar W/o Karnan, No.118,Main Road, Edamanal, Sirkali Taluk, Nagapattinam District-609115
3.S.Santhi,
D/o. V.Sannasi Thevar W/o.T.Manikandan, No.123,Selli Amman Koil Street, Karanthai, Thanjavur District-613002
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SA(MD). No.655 of 2022
4.S.Sundari
D/o.V.Sannasi Thevar W/o.Murugesan, No.48,Odaithery, Sivagiri-627757, Thirunelveli Destrict ...Appellants/Appellants/Defendants
(Cause title accepted vide Court Order dated 20.09.2022 made in CMP(MD)No.8573 of 2022 in SA(MD)SR.No.29064 of 2022 by BPJ
Vs
S/o.Kaliyamurthy Appukkutty Iyear Lane Kumbakonam Town.
S/o.Kaliyamurthy Appukkutty Iyear Lane Kumbakonam Town. ... 1 to 4 are Proposed respondents of
deceased sole respondent
(Vembu Ammal/Plaintiff died after the judgement in the first appeal.Hence in the cause title her legal heirs have been impleaded)
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SA(MD). No.655 of 2022
Prayer :-
Second Appeal filed 100 of under Section Civil Procedure Code, to call for the records and set aside the judgment and decree dated 07-03-2020 in A.S.No.41/2017 on the file of the Principal Sub Court, Kumbakonam confirming the judgment and decree dated 10-07-2017 in O.S.No.234/2014 on the file of the Principal District Munsif Court, Kumbakonam and allow this second appeal with costs throughout and pass such other suitable orders and thereby render justice.
ORDER:- This Appeal having been posted for orders on this day for not taking steps to Advocate for Appleant and this Court having granted fifteen days time,as the condition precedent and the said Advocate not having complied with the said direction of this Court, it is ordered that this appeal do stand dismissed in respect of the respondents against whome batta steps due.
// True Copy //
/09/2024 Sub Assistant Registrar (CS - I/II/III/IV)
TM
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SA(MD). No.655 of 2022
Order Dated : 09/07/2024
==================== BATTA DEFAULT ====================
SA.(MD)NO.655 of 2022
SL(05.09.2024)/ 4P/ 1C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether the appeal should be dismissed for failure to comply with the court's direction to take steps?
1 provisions across 1 enactments
Sannasi Thevar (Died) 1.S.Ramalakshmi 2.S.Kaleeswari 3.S.Santhi 4.S.Sundari
Vembu Ammal (Died) 1.Rajendran S/o.Kaliyamurthy 2.Balasubramanian S/o.Kaliyamurthy 3.Ravi S/o.Kaliyamurthy 4.Sundar S/o.Kaliyamurthy
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
