Dismissed¶35

Krishnasamy Mudaliar Trust v. G.S.Sundaram

Madras HC26 Jun 2025AS/1055/2012

Case brief

AI extract

What is this about?

Dismissal of appeal for default for non-appearance of appellant; Madras High Court; A.S. No.1055 of 2012; M.P. No.1 of 2012; Justice R. Sakthivel; Krishnasamy Mudaliar Trust; G.S. Sundaram; N. Radhakrishnan; O.S. No.5 of 2005; II Fast Track Court, Cuddalore; Order 43 Rule 1 Civil Procedure Code 1908; Section 96 Appellate Side Rules; no order as to costs; connected miscellaneous petition closed.

What did the court decide?

The Appeal Suit is dismissed for default as no one represented the appellant despite sufficient opportunity having been given across successive listings. ¶35

Krishnasamy Mudaliar Trust Vs G.S.Sundaram — Madras HC (2025) — LawSathi Research

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A.S. NO.1055 OF 2012

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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Appeal Suit No.1055 OF 2012 and M.P.No.1 of 2012

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Krishnasamy Mudaliar Trust, Represented by its Trustee Krishnasamy Mudaliar, S/o. A.K.Ayya Kannu Mudaliar, No.27, Main Road, Pudupalayam, Cuddalore - 607 001.

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... Appellant / Plaintiff

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Vs.

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G.S.Sundaram, No.6, Sitaram Nagar, Pudupalayam, Cuddalore - 607 001.

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N.Radhakrishnan, No.9-C, Ramadoss Naidu Street, Pudupalayam, Cuddalore - 607 001.

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... Respondents / Defendants

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PRAYER : This Appeal Suit filed under Order 43 R1 of the Civil Procedure Code 1908, read with Section 96 of Appellate Side Rules praying to set aside the Judgment and Decree dated October 26, 2010 made in O.S.No.5 of 2005 on the file of the II Fast Track Court, Cuddalore by allowing this appeal before this Court.

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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A.S. NO.1055 OF 2012

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For Appellant : No appearance For R2 : Mr.P.Mani

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J U D G M E N T

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This matter is listed today under the caption 'for dismissal'.

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When the matter was listed on 13.06.2025, this Court observed as

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follows:-

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" No representation for the appellant.

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2. The learned counsel for the respondent No.2 is present.

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3. Registry is directed to list the matter on 18.06.2025 under the caption for dismissal. "

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Subsequently, when the matter was listed on 18.06.2025, this

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Court has observed as follows:-

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" There is no representation for the appellant.

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2. Mr.P.Mani, learned counsel for the second respondent is before this Court.

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3. Registry is directed to list the matter on 23.06.2025 under the same caption."

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Accordingly, the matter is listed today under the caption 'for

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dismissal'. Even today, there is no representation for the appellant. The

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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A.S. NO.1055 OF 2012

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learned counsel for the second respondent is present. Despite sufficient opportunity is given, no one represented on behalf of the appellant. Hence, this Appeal Suit is dismissed for default. Considering the facts and circumstances, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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26.06.2025

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Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No av

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To The II Fast Track Court, Cuddalore.

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Page No.3 of 4

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https://www.mhc.tn.gov.in/judis

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A.S. NO.1055 OF 2012