C.Jacob vs Baby @ Baby Gnanam
2023 Latest Caselaw 14233 Mad

    2023/MHC/4969



                                                            1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 07.11.2023

                                                        CORAM:

                             THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                              S.A(MD)NO.648 OF 2022
                                                       and
                                             C.M.P(MD)No.9156 of 2022

                     C.Jacob                            :Appellant/Appellant/Third Respondent

                                                 .vs.

                     1.Baby @ Baby Gnanam

                     2.Flory Stella

                     3.C.Mary                           : Respondents 1 to 3/Respondents
                                                              1 to 3/Plaintiffs 1 to 3

                     P.KamalamI(died)

                     4.C.Rose

                     5.Assariah                         :Respondents 5 and 6/Respondents
                                                             5 and 6/Defendants 2 and 4


                     PRAYER:           Second Appeal filed under Section 100 of the Civil
                     Proedure Code against the judgment in A.S.No.6 of 2015, dated
                     25.4.2019, on the file of Sub-Court(Campus), Padmanabhapuram
                     confirming the judgment and decree made in O.S.No.277 of 2011,
                     dated 14.11.2014, on the file of the Principal District Munsif Court,
                     Padmanabhapuram.
                                      For Appellant             :No appearance

                                      For Respondents           :Mr.V.M.Balamohan Thambi
                                            1 to 3

https://www.mhc.tn.gov.in/judis
                                                                2

                                                     JUDGMENT

*********

This Second Appeal is listed today under the caption ‘’for

dismissal’’, for the reason that there was no representation for the

appellant for the hearing on 6.10.2023 and 30.10.2023. It is also

seen from the adjudication orders that there was no representation

for the appellant on 27.10.2022 and 30.3.2023. Therefore this

Second Appeal was ordered to be listed for dismissal on 19.4.2023.

On 19.04.2023, this Court directed both the counsels to submit

brief notes of written submissions. However, no written

submissions was filed by either side. This is a suit for partition by

the respondents.The Second Appeal is filed against the concurrent

judgments against granting a decree for partition in favour of the

respondents. It appears that the appellant is not interested in

prosecuting this Second Appeal. Further, the appellant had

continuously remained absent on four occasions.

2.In the said circumstances, this Second Appeal is dismissed

for non-prosecution. No costs. Consequently, connected

Miscellaneous Petition is closed.

07.11.2023

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

Index:Yes/No Internet:Yes/No NCC:Yes/No vsn

To

1.The Sub-Judge, Padmanabhapuram.

2.The Principal District Munsif, Padmanabhapuram.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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

G.CHANDRASEKHARAN,J.

vsn

JUDGMENT MADE IN S.A(MD)NO.648 OF 2022 and C.M.P(MD)No.9156 of 2022

07.11.2023

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