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Madras High CourtSA/223/2020dismissed

Vijayalakshmi v. Thakkadiappan

2024-08-30Honourable Mr.Justice R.Sakthivel3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2024

CORAM:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL and CMP.No.4636 of 2020 Mrs.Vijayalakshmi ...Appellant Vs.

1.Thakkadiappan S/o. Late Gangappa 2.Nagaraj, S/o. Thakkadiappan 3.Saroja

...Respondents

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 31.03.2006 made in A.S.No.3 of 2006 on the file of the Hon'ble Subordinate Judge, Hosur confirming the judgment and decree dated 22.09.2005 made in O.S.No.41 of 2003 on the file of the District Munsiff cum Judicial Magistrate Court, Thenkanikottai. For Appellant : -No AppearanceFor Respondents : Mr.J.Harikrishna - R2 and R3 : Died- R1

JUDGMENT

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There is no representation on behalf of the appellant.

2. Mr.J.Harikrishna, learned counsel appearing for respondents 2 and 3 submitted that the appellant filed CMP.No.25771 of 2019 to condone the delay of 4442 days in representing this second appeal. This Court vide order dated 10.02.2020 allowed the said petition on payment of cost of Rs.10,000/-.

3. He further submitted that, feeling aggrieved with the said order, the respondents 2 and 3 filed SLP (C).No.7540 of 2022, which was allowed by the Hon'ble Supreme Court vide order dated 22.08.2022.

4. In view of the order passed by the Hon'ble Supreme Court, this Second Appeal is liable to be dismissed. Hence, this Second Appeal stands dismissed. No costs. Connected civil miscellaneous petition also stands closed.

30.08.2024 Index :

Yes/No :

Yes/No Speaking Order :

Yes/No NST To

1. The Subordinate Judge, Hosur.

2. The District Munsiff cum Judicial Magistrate Court, Thenkanikottai. R.SAKTHIVEL, J.

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NST and CMP.No.4636 of 2020 30.08.2024 3/3