V.Ayyakutty v. M.Bellarmin
Case brief
What is this about?
Dismissal of second appeal for non-prosecution; appellants absent on three consecutive listings; S.A.(MD) No.1086 of 2008; Section 100 CPC; parties V.Ayyakutty (died)/A.Rajesh (legal heir recorded 01.03.2010) vs M.Bellarimin; underlying title dispute litigated in O.S. No.223 of 1998 (Principal District Munsif Court, Padmanabhapuram) and A.S. No.93 of 2003 (Sub Court, Padmanabhapuram); no costs; Madurai Bench of Madras High Court; single judge N. Mala J.
What did the court decide?
Since the appellants made no representation on successive listings (03.12.2025, 10.12.2025 and the date of judgment) and appear not interested in prosecuting the appeal, the second appeal is dismissed for non-prosecution, with no costs. ¶14