N. Thangamma v. V. Wilson(D1)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2022 CORAM : JUSTICE N.SESHASAYEE 1.N.Thangamma 2.P.Selvaraj 3.P.Krishnaraj ... Appellants/Appellants/Plaintiffs Vs 1.V.Wilson Chandrasekharan Nair @ Mani (Died) 2.Prabhakaran Nair @ Unnai 3.Radha Bai @ Radhamoni K.Suresh Kumar (Died) 4.Santhakumari 5.Vijayamma 6.Hemalatha 7.Vidhuchandran ... Respondents/ Respondents 1, 3, 4 & 6 to 9/ Defendants 1, 4, 5 & 7 & Nil Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 05.01.2010 made in A.S.No.65 of 2003 on the file of the Subordinate Court, Kuzhithurai, confirming the judgment and

decree dated 31.12.2002 made in O.S.No.762 of 1993 on the file of the II Additional District Munsif's Court, Kuzhithurai. For Appellants :

No appearance For Respondents :

No appearance

J U D G M E N T

This matter is listed today under the caption 'notice section default cases' for want of batta regarding the 3rd and 4th respondents.

2. Today when the matter is taken up for hearing, none appears on behalf of the appellants. The appeal is of the year 2016, and till date the appellants have not taken steps to pay the batta which shows that the appellants are not interested in prosecuting the appeal. Hence, this Court is inclined to dismiss the appeal for default. Accordingly, this Second Appeal is dismissed for default. No costs.

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To 1.The Subordinate Judge, Kuzhithurai, 2.The II Additional District Munsif, Kuzhithurai.

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

N.SESHASAYEE, J.

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