Madras High CourtSA/977/2007dismissed for nonprosecution

Sakunthala v. Padmavathy Ammal

2023-02-03Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. HEMALATHA and M.P.No.1 of 2007 1.Sakuntala 2.Shanmugham, 3.Ramalingam, 4.Balu, 5.Raja .. Appellants Vs 1.Padmavathy Ammal 2.Amirthammal 3.M. Saravanan 4.M. Anand 5.Kathayaammal 6.R.M.Rajaprakasam alias Palani, 7.R.M.Senaraj (RR2 to 7 given up as they are already set ex-parte in the Trial Court) .. Respondents Prayer : The Second Appeal is filed under Section 100 of C.P.C. against the decree and judgment dated 21.03.2007 on the file of the Additional District Judge, Fast Track Court-II, Chennai, confirming the Decree and Judgment dated 26.11.2002 made in O.S.No.8762 of 1990 on the file of the learned II Assistant City Civil Court Judge at Madras.

For Appellants : No appearance Respondent-1 : Dismissed vide Court order 1/4

dated 13.12.2022 Respondents 2 to 7 : Given up

JUDGMENT

This Court, on 13.12.2022, had passed the following order: "The above matter is listed today under the caption 'Default Cases', for non-compliance of the requirements of the Registry, including the payment of batta.

2. The concerned counsels are directed to pay the batta and to comply with the other requirements of the Registry, on or before 03.01.2023 as a last chance, and to file proof of compliance, immediately, thereafter.

3. On non-compliance of the requirements of the Registry, on or before the specified date, as directed by this Court, the Second Appeal shall stand dismissed, automatically, insofar as the first respondent is concerned, without further reference to this Court."

2. However, till date, no steps have been taken to comply with the requirements of the Registry.

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3. Today, there is no representation on behalf of the appellants either in person or through counsel.

4. In view of the above, this Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

03.02.2023 Internet : Yes/No Index : Yes/No rsi To 1.The Additional District Judge, Fast Track Court-II, Chennai.

2.The II Assistant City Civil Judge, at Madras.

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R. HEMALATHA, J.

rsi and M.P.No.1 of 2007 03.02.2023 4/4