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Madras High CourtSA/1278/2003dismissed for nonprosecution

T.Dakshinamoorthy, v. Jeenath Beevi

2018-02-08Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN S.A.No.1278 of 2003 T.Dakshinamoorthy .. Appellant/Plaintiff Vs.

1. Jeenath Beevi

2. Mubarack Basha

3. Syed Akbar

4. Ismail

5. Wahidha

6. Dilshath

7. Samshath

8. Sahitha

9. Rameshabi 10.Zaburunnisa Bi 11.Noorjahan (Respondents 1,3 to 11 are represented through their Power Agent Mubarack Batcha 2nd respondent) .. Respondents/2,4 to 13 Defendants Prayer :- This Second Appeal has been filed under Section 100 C.P.C against the Judgment and decree dated 07.01.2003 made in A.S.No.63 of 2002 on the file of Principal Subordinate Court, Vridhachalam reversing the Judgment and decree dated 05.04.2002 made in O.S.No.824 of 1987 on the file of the Additional District Munsif Court, Vridhachalam.

For the Appellant : No Appearance For the Respondents : Ms.A.L.Gandhimathi

JUDGMENT

Counsel for the respondents present.

2. Already counsel for the appellant reported no instructions and accordingly, on the appellant being called and remaining absent, Registry was directed to list the matter today under the caption "for dismissal" by printing the name of the appellant in the cause list.

https://hcservices.ecourts.gov.in/hcservices/

3. Today, when the matter is called twice, there is no representation for the appellant. Appellant called absent.

4. Resultantly, the Second Appeal is dismissed for non prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.

MEMORANDUM OF COSTS Respondent( ) Costs Rs.P.

Stamp for Vakalatnama ...

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... 10.00 Advocate's fee on rupees ...

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... --- Translation Printing Charges ...

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... nil -------- Typing ----------------- 10.00 ----------------- Appellant do pay to the Respondents a sum of Rs.10/- (Rupees Ten Only) being the costs incurred in this Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar adl To

1. The Principal Subordinate Judge, Vridhachalam.

2. TheAdditional District Munsif Court, Vridhachalam.

Copy to The Section Officer, VR Section, High Court, Madras-104 (2 Copies) +1cc to Ms.A.L.Gandhimathi, Advocate in sr.no.10079 S.A.No.1278 of 2003 TM(CO) CS/05/04/18 https://hcservices.ecourts.gov.in/hcservices/