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Madras High CourtSA/632/2001dismissed for default

1.Anthony Arockiasamy v. 1.Maria Soosai Anthoni Ammal(Died)

2023-04-25Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.632 of 2001 & M.P.(MD)No.1 of 2011 1.Anthony Arockiasamy 2.Ronald Regan 3.John Paul ...Appellants (Appellants 2 and 3 declared as majors and the guardianship discharged as per the Order of Court dated 09.10.2015 in M.P.(MD)No.1 of 2015 in S.A.No.632 of 2001) vs.

1.Maria Soosai Anthoni Ammal (Died) 2.Maria Sengol Rakin 3.Arockiyasamy 4.Jospin Stella 5.Sahaya Baby Rani 6.Amutha Aganacia ... Respondents

(Respondents 3 to 6 are brought on record as lrs of the deceased 1st respondent vide Court order dated 23.12.2022 in C.M.P.(MD)Nos.4894, 4896 and 4898 of 2020 in S.A.No.632 of 2001.) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 21.10.1998 in A.S.No. 118 of 1997 on the file of the Additional District and Sessions Judge and Chief Judicial Magistrate, Ramanathapuram confirming the Judgment and Decree dated 06.02.1996 in O.S.No.209 of 1992 on the file of the Principal District Munsif Court, Ramanathapuram. For Appellants :

No appearance For Respondents :

No appearance

ORDER

When the matter was taken up for hearing today, i.e., on 25.04.2023, there is no representation for the appellant. The appeal is of the year 2001. Despite sufficient opportunity being given to the appellants, the appellants have not come forward to proceed with the appeal. Therefore, this Second Appeal is dismissed for default with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellants to the

Registry to the credit of S.A.No.632 of 2001. In case the appellants file any application to restore the appeal, Registry is directed not to take the application on file unless the appellants deposit the cost imposed by this Court. Consequently, the connected Miscellaneous Petition is closed. 25.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Additional District and Sessions Court cum Chief Judicial Magistrate Court, Ramanathapuram.

2.The Principal District Munsif Court, Ramanathapuram.

P.VELMURUGAN , J.

mbi 25.04.2023