V.N.Balaji filed a second appeal under CPC. The appellant failed to appear in person or through representation on successive listing dates. The court dismissed the second appeal for default due to the appellant's absence.
Second appeal dismissed for default with no costs awarded. Connected Miscellaneous Petition closed.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :04.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.718 OF 2009 and M.P(MD)No.1 of 2009
V.N.Balaji :Appellant/Appellant/Plaintiff
.vs.
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.139 of 2006, dated 5.1.2009, on the file of Principal Sub-Judge, Kumbakonam, confirming the judgment and decree made in O.S.No.120 of 2005, dated 17.7.2006, on the file of Principal District Munsif Court, Kumbakonam.
For Appellant :No appearance
For Respondent-1 :Mr.V.Chandrasekar For Appellant-2 :Mr.P.Subbaraj Special Govt.Pleader
For Respondent-3 :Mr.V.K.Vijayaraghavan
2
**JUDGMENT ***************
It is seen from the records that when the matter came up for hearing on 28.06.2024, there was no representation for the appellant. Hence, the matter was adjourned to 02.07.2024. Even on 02.07.2024, there was no representation for the appellant. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the Second Appeal under the caption ‘’for dismissal’’ today. Today, the matter is listed under the caption ‘’for dismissal’’. Even today, there is no representation for the appellant.
3.Hence, the Second Appeal is dismi
ssed for default. No costs. Consequently, connected Miscellaneous Petition is closed.
04.07.2024
Inndex:Yes/No Internet:Yes/No NCC:Yes/No vsn To
1.The Principal Sub-Judge,
3
Kumbakonam..
4
S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)No.718 OF 2009 and M.P(MD)No.1 of 2009
04.07.2024
1 provisions across 1 enactments
V.N.Balaji
The Executive Officer, Aathi Kumbeshwarar Temple, Kumbakonam
The Commissioner, HR and CE., Chennai
Sivasankaran
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
