Madras High CourtSA/958/2000dismissed for nonprosecution

Parimala W/O Pakkirisamy v. Thavasamuthu Nadar Hrse School

2019-01-08Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.A.No.958 of 2000 1.P.Parimala 2.Uma Maheswari 3.Minor Senthilkumar 4.Minor Kalaivani (Appellants 3 & 4 are declared as Major and the 1st appellant discharged from guardianship vide C.M.Ps.8048 to 8050 of 2000, dt.13.06.2000) ..Appellant

Versus

1.Thavasamuthu Nadar Higher Secondary School Society rep.by its Secretary Mr.Rethinasamy Nadar son of Muthusamy Nadar Kumaran Akraharam, Poraiyar Tharangampadi 2.R.P.Saravanan ..

Respondents PRAYER:Second Appeal has been filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 21.12.1999 and made in A.S.No.132 of 1999 on the file of Principal District Court, Nagapattinam, confirming the judgment and decree dated 31.03.1999 and made in O.S.No.28 of 1996 on the file of District Munsif Court, Nagapattinam.

For Appellant ::

Mrs.Veena Suresh For R1 ::

Not ready For R2 ::

NDW

ORDER

On 20.12.2006, this Court had granted interim stay of the decree granted by the Trial Court and by the First Appellate Court "on condition of the petitioners making deposit of entire costs as awarded by the First Appellate Court to the credit of the suit before the Trial Court within a period of four weeks herefrom, failing which stay granted shall stand automatically vacated".

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2. Subsequently, information had been received from the District Munsif Court, Nagapattinam that costs of Rs.656/- has not been deposited.

3. Today, the learned counsel for the appellants has filed a memo stating that the appellants have not come forward to give instructions. It is clear that the appellants are not interested in prosecuting the appeal. The appellants have not complied with the directions of this Court. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs. Xerox copy of Memo attached.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nvi To 1.The Principal District Court, Nagapattinam, 2.The District Munsif Court, Nagapattinam.

S.A.No.958 of 2000 PPA(CO) GN(05/02/2019) https://hcservices.ecourts.gov.in/hcservices/