Mahalakshmi Ammal v. Sivalingam
Case brief
What is this about?
Madras HC Second Appeal S.A.No.1529 of 2008 (Mahalakshmi Ammal v. Sivalingam; Sub Registrar Kullanchavadi & District Registrar, Cuddalore) — DISMISSED FOR NON-PROSECUTION on 07.02.2025 by S.S. Sundar J after repeated absence of appellant's counsel (04.02.2025 and 06.02.2025 'for dismissal' caption). Prayer: under Section 100 CPC, set aside A.S.No.71/2006 judgment/decree (I Addl Sub Judge, Cuddalore, 31.07.2008) and restore O.S.No.437/2006 judgment/decree (District Munsif, Cuddalore, 13.10.2005). No costs; connected M.P.No.1 of 2008 closed. No legal issue framed or decided; no precedent cited or treated. R1 dismissed vide Court order 02.02.2024; R2 and appellant's counsel no appearance; P.Gurunathan AGP for R3–R4.
What did the court decide?
With the appeal listed under the caption 'for dismissal' and the appellant's counsel again failing to appear to prosecute the case, this Court held it had no other option and dismissed the second appeal for non-prosecution, awarding no costs and closing the connected miscellaneous petition.