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2026 Supreme(Online)(Mad) 23834
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR, J
Nagavalli, W/o.Late Govindaraj, 2. Baskaran, S/o.Late Govindaraj, 3. Sivasuryan, S/o.Late Govindaraj, 4. Mohan, S/o.Late Govindaraj – Appellant
Versus
Krishna Achari (deceased) – Respondent
SA No. 439 of 2020 | CMP No.9314 of 2020
For the Appellants/Petitioners: No appearance
For the Respondents: Mr. D.Rajagopal for R1
Failure to appear in court can lead to dismissal of appeals due to default.
Headnote:The judgment relates to a second appeal filed under Section 100 of CPC challenging the decision of the Sub Court, Nagapattinam. The appellants failed to appear during the hearings, leading the court to dismiss the appeal for default with no order as to costs. Key issues involved default by the appellants during hearings. The court upheld the decision due to lack of representation. The appeal is dismissed for default without costs.
JUDGMENT
When the matter was listed for hearing on 13.03.2026, there was no representation for the appellants in the forenoon as well as afternoon. In order to give opportunity to the appellants, the Registry was directed to list the second appeal under the caption “ for dismissal ” on 16.03.2026. Even today, there is no representation on behalf of the appellants. The counsel for the first respondent is present. Hence, this second appeal is dismissed for default. There shall be no order as to costs. Connected miscellaneous petition is closed.
