Mrs.Chithiraikani v. Sundararaj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1749 of 2001 Mrs.Chithiraikani ...Appellant -Vs1.Sundararaj 2.Chelliah Nadar 3.Sivaraman 4.Avudai Ammal

...Respondents

PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree, dated 10.07.1996 passed in O.S.No.223/1985 on the file of the learned Principal District Munsif, Tirunelveli as confirmed in the judgment and decree dated 28.02.2001 in A.S.No.85/1999, on the file of the learned II Additional District Judge, Tirunelveli. For Appellant : No appearance For R3 : Mr.R.Manimaran 1/4

JUDGMENT

When the matter came up for hearing on 06.06.2023, this Court directed the Registry to remove the name of the counsel on record for the appellant and print the name of the appellant in the cause list since the learned counsel for the appellant has filed a memo stating that the appellant has taken back all the papers pertaining to the second appeal and further directed to list the matter on 12.06.2023.

2. Today also, there is no representation for the appellant. The appeal is in the year 2001. Despite sufficient opportunity given to the appellant, the appellant has not come forward to prosecute the appeal. Therefore, this Second Appeal is dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry. In case the appellant has filed any application to restore the appeal, Registry is directed not to take the application on file unless the appellant deposits the said amount imposed by this Court.

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To 1.The Principal District Munsif, Tirunelveli.

2.The II Additional District Judge, Tirunelveli.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN , J.

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