Dr.V.Mathivanan v. Uma Maheswari W/O.Dr.V.Mathi-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.M.S.A.No. 20 of 2003 ----- Dr.V.Mathivanan ... Appellant Vs.

Uma Maheswari ... Respondent Civil Miscellaneous Second Appeal filed under Section 28 of 1955 read with Section 100 C.P.C against the judgment and decree made in C.M.A.No.7 of 2002 dated 14.2.2003 on the file of the Court of District Judge, East Thanjavur, Nagapattinam, confirming the judgment and decree made in O.S.No.11 of 1999 dated 12.12.2001 on the file of the Principal Subordinate Judge, Mayiladuthurai.

For Appellant : No appearance For Respondent : No appearance Page No.1/4

J U D G M E N T

When the matter was listed for hearing on 26.09.2023, there was no representation for the appellant and the matter was directed to be listed on 29.09.2023 under the caption ''for dismissal''. Today, when the matter is taken up for hearing, there is no representation for the appellant. Hence, this Civil Miscellaneous Second Appeal is dismissed for nonprosecution with costs of Rs.1,00,000/- (Rupees one lakh only).

2. If the appellant files any application before the Registry for restoration of the appeal, the Registry shall not entertain the same, unless payment of costs of Rs.1,00,000/-.

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To 1.The District Judge, East Thanjavur, Nagapattinam.

2.The Principal Subordinate Judge, Mayiladuthurai.

3.The Section Officer, V.R.Section, High Court, Madras.

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P.VELMURUGAN, J.

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