Madras High CourtSA/1898/2002dismissed for default

S.Nambi Reddiar v. Thiruvengada Reddiar

2023-04-13Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1898 of 2002 1.S.Nambi Reddiar 2.P.Nambi Reddiar(Died) 3.Gandhimathi Ammal 4.Murugesan 5.Kannan 6.Nagarani 7.Dhanalakshmi 8.Ramesh Babu 9.Radhamani 10.Selvi (A7 to A10 are brought on record as LRS of the deceased 2nd appellant vide Court order dated 19.07.2021) .... Defendants/Respondents /Appellants -Vs1.Thiruvengada Reddiar(Died) 2.P.Subbiah 3.Seethalakshmi 4.Saravanathammal 5.Karthikeyan 6.Padmanabhan

7.Sankaran 8.Subbukutty 9.Kumar (R3 to R9 are brought on record as LRS of the deceased 1st Respondent vide Court order dated 19.07.2021) ...Plaintiffs/Appellants /Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.11.2001 passed in A.S.No. 122 of 1993 by the Principal Subordinate Judge, Tirunelveli, in and by which, reversed the judgment and decree dated 28.10.1993 passed in O.S.No.125 of 1987 by the Principal District Munsif, Tirunelveli. For Appellants : Mr.K.Sree Kumaran Nair For Respondents : No appearance

J U D G M E N T

When the second appeal is taken up for hearing today, the learned counsel appearing for the appellants appeared and seeks adjournment. The second appeal is pending from the year 2002 and despite sufficient opportunity was given to the appellants, they are not ready to proceed with the appeal.

2.In view of the above, this Second appeal is dismissed for default with cost of Rs.1,00,000/-(Rupees One Lakh only) to be paid before the Registry (Judicial). In case, the appellants file an application for restoration, the Registry shall not take the application for restoration on file, unless they deposit the cost of Rs.1,00,000/-.

13.04.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Principal Subordinate Judge, Tirunelveli.

2.The Principal District Munsif, Tirunelveli.

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

P.VELMURUGAN ,J.

Ns S.A.No.1898 of 2002 13.04.2023