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Madras High CourtSA/1470/2005dismissed for nonprosecution

Krishnamoorthy v. Puspha Ammal

2019-03-14Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN S.A.No.1470 of 2005 and C.M.P.No. 19183/2005 Krishnamoorthy ...Appellant/ 2nd Defendant Vs.

1. Pushpa Ammal

2. Kamatchiammal

3. Sakkubai @ Chandirammal

4. Kannammal ..Respondents 1 to 4/Plaintiffs 1to 4

5. Kotteeswari

6. Saraswathi

7. Anandan ..Respondents 5 to 7/ /Defendants 4 to 6 Prayer:

Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 24.08.2005 passed in A.S.No.16 of 2005 on the file of Court of the Subordinate Judge of Cheyyar in confirming the judgment and decree dated 15.11.2002 passed in O.S.No.151 of 1993 on the file of court of the Additional District Munsif of Cheyyar.

For Appellant : No apperance.

For Respondents: Mr.K.G.Senthilkumar for R5 to R7 Mr.M.Kamalahasan for R1 to R4.

JUDGMENT

In this matter, counsel for the appellant had already reported "no instructions". The appellant on being called and remaining absent, the registry was directed to list the matter on 14.03.2019 under the caption "for dismissal" by printing the name of the appellant in the cause list.

2. Today, when the matter is called, there is no representation for the appellant. Appellant called. Absent. https://hcservices.ecourts.gov.in/hcservices/

3. In the light of the above position, the Second Appeal is dismissed for non prosecution with costs. Consequently, connected miscellaneous petition is also dismissed. MEMORANDUM OF COSTS S.A.No.1470 of 2005 Respondents( ) Costs Rs.

P.

Stamp for Vakalatnama for RR1 to 4

10. 00 for RR5 to 7

10. 00 Advocate's Fee F.C ...

not received Translation and Printing/ Typing charges ..

..

..

- NIL - ---------- (Rupees Twenty only)

20. 00 ---------- *Appellant herein do pay a sum of Rs.20/-(Rupees Twenty only) to the Respondents bga Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

1. The Subordinate Court, Cheyyar

2. The Additional District Munsif Court, Cheyyar.

Copy to The Section Officer, V.R. Section, High Court, Madras +1cc to Mr.K.G.Senthil Kumar, Advocate, SR.No.23954/19 S.A.No.1470 of 2005 and C.M.P.No. 19183/2005 Kak(12/07/2019) https://hcservices.ecourts.gov.in/hcservices/