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Madras High CourtSA/199/2001dismissed for nonprosecution

Dhalga Beevi v. 1. Jailani Beevi

2023-06-13Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Dhalga Beevi ...Appellant vs.

1.Jailami Beevi 2.Raja Syed Ahmed Khan 3.Thavasi 4.Muthukanni ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 13.10.1999 in A.S.No. 71 of 1998 on the file of the Additional District Judge cum CJM, Ramnad confirming the Judgment and Decree dated 21.11.1997 in O.S.No.296 of 1994 on the file of the Principal District Munsif in charge, Ramnad.

For Appellant :

No appearance For Respondents :

No appearance

ORDER

When the matter was taken up for hearing on 27.04.2023, there was no representation for the appellant. In order to give one more opportunity, the appeal was adjourned to 13.06.2023 and it was made clear that on failing to argue on 13.06.2023, the appeal will be dismissed automatically.

2. Today, when the matter is taken up for hearing, there is no representation on either side. Despite sufficient opportunity being given to the appellant, she has not come forward to proceed with the appeal effectively. Therefore, this Second Appeal is dismissed for nonprosecution with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry to the credit of S.A.No.199 of 2001. In case, the appellant files any application to restore the appeal, Registry is

directed not to take the application on file unless the appellant deposits the cost imposed by this Court.

13.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Additional District Judge cum CJM, Ramnad 2.The Principal District Munsif, Ramnad.

P.VELMURUGAN , J.

mbi 13.06.2023