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Madras High CourtAS(MD)/202/2014dismissed for default

A.L.Perichiyappan @ Lena, v. A.L.Visalakshi,

2022-08-01Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S (MD)No.202 of 2014 A.L.Perichiyappan @ Lena Adopted S/o.Alagappan Chettiar, 87-B, Thevar Colony, Thillai Nagar, Trichy-18.

... Plaintiff/Appellant Vs.

A.L.Vishalakhsi ... Defendant/Respondent PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, against the judgment and decree of the learned Additional District Sessions Judge-cum-Fast Track Court No.I, Tiruchirapalli in O.S.No.338 of 2004, dated 29.01.2009.

For Appellant : Mr.A.Haja Mohideen

J U D G M E N T

When the matter was taken up for hearing on 08.07.2022, this Court directed the appellant to pay batta within three days, failing which the appeal suit shall stand dismissed automatically without further reference to this Court.

2. When the matter is taken up for hearing today, it is seen that the appellant has not paid the batta as directed by this Court in an earlier hearing, this shows that the appellant is not interested in prosecuting the appeal further. Hence, this Court has no other option except to dismiss the appeal for default.

3.Accordingly, the appeal suit is dismissed for default. No costs. Index : Yes / No Speaking Order : Yes / No 01.08.2022 am

To 1.The Additional District Sessions Judge-cum-Fast Track Court No.I, Tiruchirapalli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

P.VELMURUGAN, J.

am A.S (MD)No.202 of 2014 01.08.2022