Bhuvanesh v. Subbarayan

Madras HC13 Jul 2026AS/323/2021

Case brief

AI extract

What is this about?

AS No. 323 of 2021, High Court of Judicature at Madras, R. Kalaimathi, J., 13-07-2026. Dismissal of appeal suit for non-prosecution in a default case: appellants (Bhuvanesh and Minor Dhineshkumar by next friend Prema) failed to pay batta and comply with Registry requirements by 06.03.2023 despite last-chance direction dated 20.03.2023; appeal was against judgment and decree dated 31.08.2005 in OS No.3 of 2001, Fast Track Court No.3, Dharapuram, Erode District. No costs. No statute or precedent discussed.

What did the court decide?

As the appellants took no steps to pay batta and comply with the Registry requirements as directed, the appeal suit stands dismissed for non-prosecution, with no costs. ¶41-42

Bhuvanesh Vs Subbarayan — Madras HC (2026) — LawSathi Research

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AS No. 323 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-07-2026

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CORAM

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI

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AS No. 323 of 2021

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Bhuvanesh

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S/o.Subbarayan, Both 1 And 2 Resi At Kokkampalayam, Kokkampalayam Village, Dharapuram Tk, Erode District.

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Minor Dhineshkumar

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By Mother And Next Friend Prema, Both 1 And 2 Resi At Kokkampalayam, Kokkampalayam Village, Dharapuram Tk, Erode District.

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..Appellant(s)

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Subbarayan S/o.Easwaramurthy, Ganapathypalayam, Kundalam, Dharapuram Tk, Erode District.

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M R F (pvt) Ltd By

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Its Secretary 124, Greams Road, Chennai.

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V.Latha

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W/o.Veeramani, Both 3 And 4 At No.15, 3rd St, Muthu Goundanpudur, Tirupur Town.

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Veeramani

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S/o.Ramaswamy Mudaliar, Both 3 And 4 At No.15, 3rd St, Muthu Goundanpudur, Tirupur Town.

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K.K.Chandrasekar

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S/o.Kangeya Gounder, 11/25, Navamani Farm, Kannampalayam, Sulur Tk, Coimbatore District.

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Rajendran

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S/o.Shanmugham, 62, Seth Narayanan Doss Layout, 12, Tatabad 4th St, Coimbatore Town.

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__________ Page1 of 4

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https://www.mhc.tn.gov.in/judis

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AS No. 323 of 2021

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..Respondent(s)

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Prayer: To against the Judgment and Decree dated 31.08.2005 passed in OS No.3 of 2001 on the file of the Fast Track Court No.3, Dharapuram, Erode District.

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For Appellant(s): M/s. Kingston Jerold For Respondent(s): Mr.M.Vijayan for M/s. King And Patridge For R2( In Sr Stage)

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P.Navaneetha Krishnan For R3 And R4

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ORDER

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By an order dated 20.03.2023, the appellants were directed to pay batta

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and to comply with the other requirements of the Registry on or before 06.03.2023 as a last chance.

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The relevant portion of the said order is extracted hereunder:

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“ The above matter is listed today under the caption ‘Default Cases’ for non-compliance of the requirements of the Registry, including the payment of batta.

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2.The learned counsel for the appellants is directed to pay the batta and to comply with the other requirements of the Registry on or before 06.03.2023 as a last chance and to file proff of compliance, immediately thereafter.

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3. On non-compliance of the requirements of the Registry on or before the specified date as directed by this Court, the present appeal suit shall stand dismissed automatically, in so far as the respondents, without any further reference to this Court.”

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Page2 of 4

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https://www.mhc.tn.gov.in/judis

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AS No. 323 of 2021

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