R.Elangovan v. P.Krishnamurthy (Retired

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and M.P.No.1 of 2013 R.Elangovan ...Appellant -VsP.Krishnamurthy (Retired Teacher)

...Respondent

PRAYER: Second Appeal has been filed under Section 100 Civil Procedure Code to set aside the judgment and decree of the first appellate court in A.S.No.1 of 2012 dated 06.10.2012 and the trial Court in O.S.No.29 of 2000 dated 23.12.2010 by dismissing the suit with costs throughout. For Appellant : No Appearance For Respondent : Mr.G.Ilamurugu 1/3

JUDGMENT

This Court vide order dated 11.08.2023 passed a conditional order, directing the appellant/defendant to pay a sum of Rs.5,10,000/- within a period of three months from the date of passing the order. This memo has been filed on the side of the respondent/plaintiff that despite the said direction passed by this Court, the appellant/defendant failed to comply with the conditional order dated 11.08.2023. Hence, it is prayed that the above Second Appeal is liable to be dismissed.

2. As there is no representation on the side of the appellant/defendant and there is no material on record to show the said amount has been deposited or the conditional order has been complied with, this Second Appeal is dismissed for default with costs. Consequently, connected miscellaneous petition is closed.

21.12.2023 mac Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order 2/3

K.GOVINDARAJAN THILAKAVADI,J.

mac Copy to

1. The Principal District and Sessions Court, Ariyalur

2. The Sub-Court, Ariyalur and M.P.No.1 of 2013 21.12.2023 3/3