Ellammal v. Kaliyammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2018

CORAM:

THE HON'BLE MRS.JUSTICE R. HEMALATHA S.A.No.1839 of 2002 and CMP.Nos.15125 to 15127 of 2003

1. Ellammal

2. Ganesan

3. Kuppu ammal

4. Kaliyaperumal .. Appellants/Plaintiffs /Vs/

1. Kaliyammal

2. Ganesan Minor (Rep by His Matter and Natural guardian Kaliyammal)

3. Dhandapani ... Respondents/Defendents PRAYER : Second Appeal filed under Section 100 of C.P.C., against the decree and judgment of the II Additional Subordinate Judge, Villupuram made in A.S.No.130 of 2000 dated 24.06.2002 reversing the decree and judgment of the District Munsif Court, Ulundurpet made in O.S.No.629 of 1995 dated 12.04.1999.

For Appellants : Mr.V.Girishkumar For Respondents : Mrs.Beula Rajakumari for R1 & 2

O R D E R

A perusal of the records shows that this Court in its order dated 16.12.2009 in CMP.Nos.15125 to 15127 of 2003 had directed the appellants to pay batta on or before 06.01.2010 and also directed to file a proof of compliance immediately. It is further observed in the order that if the batta is not paid as directed, the Second Appeal would stand dismissed automatically without further reference to the Court.

2. Till date the appellants has not paid the batta. Therefore, the Second Appeal is dismissed. No costs. Consequently, connected the miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

vkr/dna To 1.The II Additional Subordinate Judge, Villupuram. 2.The District Munsif Court, Ulundurpet.

3.The section officer, VR Section, High court Madras (2 copies) S.A.No.1839 of 2002 and CMP.Nos.15125 to 15127 of 2003 ASK(11/10/2018) https://hcservices.ecourts.gov.in/hcservices/