Second appeal dismissed for default due to the appellant's failure to appear despite repeated listings and notices. Connected miscellaneous petitions were closed.
Second appeal dismissed for default with costs; connected miscellaneous petitions closed; interim order not restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SA(MD)No.436 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 01/08/2024
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
SA(MD)No.436 of 2023 and
CMP(MD)No.10266 of 2023 and
CMP(MD)Nos.2858 and 3104 of 2024
Tmt.Sakunthala : Appellant/Appellant/
Plaintiff
Vs.
Karuppathal(Died)
Respondents 1 to 3/
Defendants 1 to 3
4th Respondent/
Not a party
PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 05/08/2022 passed in AS No.84 of 2018 by the Additional Sub Court, Palani, Dindigul District, confirming the judgment and decree, dated 05/03/2018 passed in OS No.249 of 2013 by the District Munsif Court, Palani, Dindigul District.
For Appellant : Mr.V.R.Venkatesan
For 1st Respondent : Mr.S.Subbiah
Senior Counsel
for Mr.G.Aravinthan
For 2nd Respondent : Mr.M.R.Seenivasan
For 3rd Respondent : Mr.M.Karuppasamy
For 4th Respondent : No appearance
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SA(MD)No.436 of 2023
JUDGMENT
This second appeal is filed against the judgment and decree, dated 05/08/2022 passed in AS No.84 of 2018 by the Additional Sub Court, Palani, Dindigul District, confirming the judgment and decree, dated 05/03/2018 passed in OS No.249 of 2013 by the District Munsif Court, Palani, Dindigul District.
2 . Right from 10/06/2024, the matter is pending for arguing the matter on the side of the appellant. Repeatedly this matter is listed, the appellant is enjoying the interim order continuously.
3.Repeatedly, the respondents also submitted that after getting the interim order, the appellant has not come forward to argue the matter. On 08/07/2024, the learned counsel appearing for the appellant would submit that possibility of settlement can also be explored, since the issue is between two brothers. So, the matter was adjourned. But no settlement was reached between them.
4.When the matter was listed yesterday, the learned counsel appearing for the appellant has submitted that because of his health condition, he was not in a position
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SA(MD)No.436 of 2023
to argue the matter. He requested to post the matter specifically at 2.15 pm today, so that he can accommodate and argue the matter. In the morning, the Junior Counsel for the appellant present before this court. But in the afternoon, there was no representation.
5.In view of the above, this second appeal is dismissed for default with costs. Consequently, connected Miscellaneous Petitions are closed.
6.After passing the order, the learned Senior counsel appearing for the 1st respondent would submit that the appellant is enjoying the interim order, so if the second appeal is restored to file, automatically the interim order already granted also to be restored. On that account, he wants to vacate the interim order itself. When the second appeal is dismissed for default, there is no necessity to pass any order for vacating the interim order. It will automatically goes. It is made clear that the interim order will not be restored.
01/08/2024
Index:Yes/No Internet:Yes/No er
To,
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SA(MD)No.436 of 2023
1.The Sub Judge, Palani, Dindigul District.
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SA(MD)No.436 of 2023
G.ILANGOVAN, J
er
SA(MD)No.436 of 2023
01/08/2024
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Tmt. Sakunthala
Ramakrishnan
Muthukumar
Anandha Navagi
Ramanathan
G.ILANGOVAN
As recorded by the court registry
2 orders share this CNR
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