Dismissed¶26

N.Periyasamy v. Eswaran

Madras HC24 Jun 2025AS/761/2009

Case brief

AI extract

What is this about?

A.S. No. 761 of 2009, Madras High Court, decided 24.06.2025 (R. Sakthivel, J.): appeal under Section 96 CPC by appellant/defendant N. Periyasamy against respondent/plaintiff Eswaran, targeting the judgment and decree dated January 30, 2009 in O.S.No.183 of 2006, Additional District Court / Fast Track Court No.1, Erode. Dismissed for default for repeated non-representation of the appellant (listings on 12.06.2025, 18.06.2025 and 24.06.2025 under caption 'for dismissal'); no order as to costs; counsel for respondent Mr.R.Agilesh; connected appeal A.S.No.897 of 2009 previously dismissed on 10.12.2014. No merits issues decided; no precedents cited.

What did the court decide?

No relief to the appellant; the Appeal Suit was dismissed for default for want of representation, with no order as to costs. ¶26

N.Periyasamy Vs Eswaran — Madras HC (2025) — LawSathi Research

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A.S. NO.761 OF 2009

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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Appeal Suit No.761 OF 2009

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N. Periyasamy ... Appellant / Defendant Vs. Eswaran ... Respondent / Plaintiff

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PRAYER : This Appeal Suit filed under Section 96 of the Civil Procedure Code 1908, praying to set aside the Judgment and Decree dated January 30, 2009 made in O.S.No.183 of 2006 on the file of the Additional District Court / Fast Track Court No.1, Erode by allowing this appeal before this Court.

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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 12.06.2025, this Court observed

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as follows:-

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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.761 OF 2009

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" No representation for the appellant.

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2. The learned counsel for the respondent is present.

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3. At request of the learned counsel for the respondent, this Appeal suit is adjourned to 18.06.2025."

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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.R.Agilesh, learned counsel for the respondent is before this Court and he is ready to argue the matter.

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3. On perusal of the records, it is seen that the connected appeal in A.S.No.897 of 2009 was dismissed on 10.12.2014.

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4. Despite sufficient time being given the appellant did not choose the contest the case. However, with a view to give one more opportunity to the appellant, post this matter on 24.06.2025 under the caption 'for dismissal'. "

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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 learned counsel for the 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

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circumstances, there shall be no order as to costs.

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24.06.2025

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

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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.761 OF 2009