S.Satham Hussain v. Jankiraman
Case brief
What is this about?
Dismissal of regular appeal for non-prosecution (default of prosecution), not on merits. Keywords: AS(MD)No.92 of 2017; Madurai Bench of Madras High Court; O.S.No.61 of 2012; III Additional District Judge / 3rd Additional District Court, Tirunelveli; Order 41 Rule 1 & 2 r/w Section 96 CPC; memo of no instruction; appellants not interested in prosecuting appeal; dismissed with no costs; decided 27.10.2025 by C.V. Karthikeyan, J. (bench with R. Vijayakumar, J.). Useful as a procedural precedent only; no ratio on substantive law.
What did the court decide?
The appeal was dismissed for non-prosecution: despite repeated communications the appellants did not come forward to give necessary instructions and were evidently not interested in prosecuting the appeal, and the learned counsel for the appellants filed a memo stating no instruction, enclosing the communication issued to the appellants.