Madras High CourtSA(MD)/798/2010dismissed as abated

Minor Muneeswari @ Ezhilarasi v. Muthuramalingam

2022-02-14Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.798 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.798 of 2010 and M.P.(MD)No.1 of 2010 and C.M.P.(MD)No.1900 of 2020 1.Minor Muneeswari 2.Minor Easwaran ... Appellants/Appellant/Plaintiff (The appellants are represented by their grandfather and next friend S.Laxmanan Servai) Vs.

1.Muthuramalingam 2.Chokkalingam 3.Muthukrishnan 4.Muthumani 5.Rajaram Pandian 6.Vetri ... Respondents/Respondent/Defendant Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 27.10.2009 made in A.S.No.66 of 2008 on the file of the Subordinate Judge, Theni, confirming the judgment and decree dated 27.06.2006 made in O.S.No.137 of 2005 on the file of the District Munsif Cum Judicial Magistrate Court, Bodinayakanur.

For Appellants : No appearance For Respondents : Mr.G.Mohan Kumar for R1, 2, 4 to 6 No appearance for R3 JUDGEMENT When the second appeal was taken up for hearing on 11.02.2022, there was no representation for the appellants. Therefore, the case was adjourned to 14.02.2022 to be listed under the caption "for dismissal". Today, ie., 14.02.2022, when the case was taken up for hearing, there was no representation for the appellants. Hence, this second appeal is dismissed for non-prosecution. The Registry shall not entertain any petition for restoration unless the appellants remit a sum of Rs.10,000/- as costs payable to High Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.798 of 2010 Legal Services Committee, Madurai Bench of Madras High Court, Madurai. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Sub Judge, Theni.

2.The District Munsif Cum Judicial Magistrate Court, Bodinayakanur.

Copy to:

1.The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) 3.The Section Officer, A.E.Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.798 of 2010 14.02.2022 RD(10.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2