Muthusami v. Sivapakkiyam
Case brief
What is this about?
Dismissal for non-prosecution; Madras High Court; Mummineni Sudheer Kumar; S.A.No.805 of 2008; C.M.P.No.1 of 2008; Section 100 C.P.C.; second appeal; A.S.No.88 of 2004 Additional District Judge Fast Track Court Namakkal decree dated 31.01.2008; reversal of O.S.No.85 of 1999 District Munsif Court Rasipuram decree dated 03.12.2003; appellants Muthusami, Kullammal (died), Chinnaponnu, Dhanapakkiam, Sinnappan; respondents Sivapakkiyam (died), Maruthamuthu, Ramalingam, Marimuthu (died), Ponnusami, Thangavel, Koothan, Amirtham, Samiappan, Vellayan, Vellayammal, Sadaiayan, Thangaraji, Govindan, Valliammal; LR impleaders CMP Nos.1709 & 1713 of 2020, CMP Nos.2032, 2034 & 2036 of 2020, CMP Nos.1884, 1888 & 1892 of 2020; counsel Ms.N.Nisha for Mr.P.Navaneetha Krishnan (R5 to R12, R14 & R15); no costs; connected miscellaneous petitions closed; final decree proceedings stage.
What did the court decide?
The second appeal is dismissed for non-prosecution: with no representation for the appellants when the matter was called, and again after the matter was passed over and called a second time, the court found itself left with no other option except dismissal.