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Madras High CourtSA/715/2000dismissed for nonprosecution

Chinnaponnu, v. S.Gurusamy,

2023-06-08Honourable Mr Justice P. Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1132 of 2000 and and C.M.P.Nos.160 to 162 of 2003 S.A.No.1132 of 2000 Chinnan @ Chinnathambi ...Appellant -Vs1.S.Gurusamy (died) 2.N.Meyandal 3.G.Subburathnam 4.G.Kalaichandra 5.G.Bothilakshmi 6.G.Kalaiselvi 7.G.Manimegalai (Respondents 2 to 7 are brought on record as Lrs of the deceased sole respondent vide order dated 10.10.2003) ....Respondents 1/5

PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree made in A.S.No.123 of 1998, dated 30.08.1999, on the file of the Principal Subordinate Judge, Madurai reversing the judgment and decree made in O.S.No.105 of 1995 dated 30.07.1998 on the file of the District Munsif Court, Madurai Taluk.

For Appellant : No appearance For R2 to R7 : Mr.S.Vellaichamy Chinnaponnu ...Appellant -Vs1.S.Gurusamy 2.Pattani @ Palanichamy ....Respondents PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree made in A.S.No.115 of 1998 and I.A.No.131 of 1999 dated 30.08.1999 on the file of the Principal Subordinate Judge, Madurai reversing the Judgment and decree made in O.S.No.106 of 1995 dated 30.07.1998 on the file of the District Munsif Court, Madurai Taluk. For Appellant : No appearance 2/5

COMMON JUDGMENT When the matters were taken up for hearing on 06.06.2023, there was no representation for the appellants and this Court directed the registry to list the matters on 08.06.2023. Today also, there is no representation for the appellants. The appeals are in the year 2000. Despite sufficient opportunity given to the appellants, the appellants have not come forward to prosecute the appeal. Therefore, these Second Appeals are dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellants to the Registry. In case the appellants have filed any application to restore the appeals, Registry is directed not to take the application on file unless the appellants deposit the said amount imposed by this Court. Consequently, connected miscellaneous petitions are closed.

08.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No am 3/5

To 1.The Principal Sub-Court, Madurai.

2.The District Munsif Court, Madurai Taluk.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN , J.

am S.A.No.1132 of 2000 and and C.M.P.Nos.160 to 162 of 2003 08.06.2023 5/5