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Madras High CourtSA/1933/2001dismissed for nonprosecution

1.Safiullah v. Suraiya Begam

2023-04-18Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Safiullah 2.Suraiya Begam ...Appellants/Respondents/Defendants -VsSuraiya Begam ..Plaintiff/Appellant/Respondent PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 04.09.2001 made in A.S.No.154 of 2001 on the file of the II Additional District Court, Trichy, reversing the judgment and decree dated 20.04.2001 made in O.S.No.886 of 1996 on the file of the Principal District Munsif, Trichy.

For Appellant : No-appearance For Respondents : No-appearance 1/4

JUDGMENT

When the matter was taken up for hearing on 11.04.2023, the learned counsel for the appellants has filed a memo stating that he has no received any instruction from the appellants. Hence, the Registry was directed to remove the name of the learned counsel for the appellants and print the names of the appellants in the cause list. Today also, there is no representation for the appellants. The appeal is in the year 2001. Despite sufficient opportunity given to the appellants, the appellants have 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 appellants to the Registry. In case the appellants have filed any application to restore the appeal, Registry is directed not to take the application on file unless the appellants deposit the said amount imposed by this Court.

18.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No SSB 2/4

To 1.II Additional District Court, Trichy 2.Principal District Munsif, Trichy.

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

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P.VELMURUGAN , J.

SSB 18.04.2023 4/4