Second appeal dismissed for non-prosecution after counsel failed to appear on two hearing dates, with liberty to restore and contest the case if so advised.
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S.A.(MD).No.283 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).No.283 of 2012
K.Manikandan
... Appellant
/Vs./
1.J.Achiyammal (Died)
...Respondents
(Respondents 2 to 4 remained ex-parte before the Courts below)
(R5 to R7 are brought on record as LRs of the deceased R1, vide Court order, dated 28.08.2012, made in MP(MD)No.3 of 2012 in SA(MD)No.283 of 2012)
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 12.11.2008, made in A.S.No.49 of 2007 on the file of the Principal Sub Court, Dindigul, reversing the Judgment and Decree, dated 04.01.2007, made in O.S.No.405 of 2005 on the file of the Additional District Munsif Court No.II, Dindigul.
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S.A.(MD).No.283 of 2012
For Appellant : No appearance R1 : Died R2 to R4 : Ex-parte For R5 to R7 : No appearance *****
JUDGMENT
When the case was taken up for hearing on 16.12.2024, the learned Counsel
appearing for the appellant failed to appear before this Court. Hence, the case was posted on 03.01.2025 under the caption “for dismissal”.
2.When the case was taken up for hearing on 03.01.2025, again, the learned Counsel appearing for the appellant failed to appear before this Court.
3.Therefore, the present second appeal is dismissed for non prosecution
with liberty to restore and contest the case, if so advised. No costs.
03.01.2025
Index : Yes / No NCC : Yes / No Tmg
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S.A.(MD).No.283 of 2012
TO:
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S.A.(MD).No.283 of 2012
S.SRIMATHY, J.
Tmg
Judgment made in S.A.(MD)No.283 of 2012
Dated: 03.01.2025
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1 provisions across 1 enactments
K.Manikandan
J.Achiyammal (Died)
P.Kannan
R.Alagar
K.Chinnathambi
Jayarani
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
