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Madras High CourtSA(MD)/476/2010dismissed for nonprosecution

A.Venkatasamy v. V.Achammal

2022-02-16Honourable Mr Justice G.R.Swaminathan2 pages

S.A.No.476 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.476 of 2010 1.A.Venkatasamy ...Appellant/Cross Objection/ 2nd Plaintiff -Vs1.V.Achammal 2.B.Yasodhai 3.V.Rajalakshmi 4.R.Gomathi 5.R.Prabha 6.R.Parthiban 7.Ramakrishnan 8.S.Seenivasan 9.G.Ramasamy 10.G.Subburaj

...Respondents/Respondents/

Defendants PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 29.11.2008 made in Cross Appeal No.5 of 2008 and A.S.No.5 of 2008 on the file of the learned Subordinate Judge, Virudhunagar confirming the judgment and decree in O.S.No.493 of 2004, dated 31.08.2007 on the file of the learned District Munsif, Virudhunagar.

For Appellant : no appearance For R3 : Mr.P.Santhosh Kumar For R4, R8 & R10 : no appearance For R9 : Mr.P.Santhana Krishnan

JUDGMENT

There is no representation on the side of the appellant. Even yesterday, when the matter was taken up for hearing, there was no representation.

2. Mr.P.Santhosh Kumar, learned counsel appearing for R3 contacted the appellant's counsel over phone and intimated him about the listing of this case. Still, there is no response. https://hcservices.ecourts.gov.in/hcservices/ 1/4

S.A.No.476 of 2010

3. The second appeal is dismissed for non prosecution. No cost. Registry shall entertain a petition for restoration only if a sum of Rs.10,000/- is paid as cost by the appellant to the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The Subordinate Judge, Virudhunagar.

2.The District Munsif, Virudhunagar.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.476 of 2010 16.02.2022 MGJ(15.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4