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ANANDA KRISHNAN   13 August 2019

appeal dismissed on default

an appeal suit pending more than 9yrs.i cacelled the vakalath and appear myself as party in person.the judge fixed final date on 5.8.19.theappalents adv wantenly/ exactly absent at the t time of calling.the appalents also absent .it is a well planned drama staged by the advocate.the judge dismissed the appeal for default.they will move the court for restoration.i strongly in belief it is a tactise to pull on the appeal.the advocate also govt pleader of that.court.i got clear judge ment early os652/89,as225/91and


























one more Os.92/2007.ResJudicata will apply for this case is not.the suits all are pertaining to a ownership of a landed property for a single SF no.520/3.
what can I do at this stage.pl advise.


Learning

 3 Replies

TGK REDDI   14 August 2019

So far I know, an Appeal can't be dismissed for default. An Appeal has to be decided on merits.

Shashi Dhara   14 August 2019

Approach high court .

P. Venu (Advocate)     14 August 2019

Now that the appeal has been dsimissed, the decision of the lowe court (persumably in your favour has attained finality). In case of any motion for restoration, you canfile objection.

By the way, what is the nature of appeal?


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