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Madras High CourtSA/1731/2002dismissed for default

C.Leo Machado (Died) v. A.Rengammal

2023-04-19Honourable Mr Justice P.Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.Leo Machado(Died) ...Appellant/Respondent/Plaintiff 2.Elsi Villavarayar 3.Cecli Machado ...LRs of the deceased 1st appellant (Appellants 2 and 3 are brought on record as LRs of the deceased sole appellant vide order dated 19.10.2011 made in M.P(MD).Nos.2 and 3 of 2011 in S.A.No.1731 of 2002) -Vs1.A.Rengammal 2.Ponnammal 3.Tulasi Ammal 4.Selvaraj @ Srinivasan 5.Ponnammal 6.Pichaiammal @ Poovammal 7.Jayammal @ Suriyakala 8.Velammal 9.Ponnammal 10.Sani Selvaraj 11.Jayam 12.Minor Chinnadurai rep.by its guardian Periyasamy

...Respondents

PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 01.08.2002 made in A.S.No.201 of 1997 1/4

on the file of the Subordinate Court, Tuticorin, reversing the judgment and decree of the District Munsif, Kovilpatti in O.S.No.15 of 1991 dated 21.02.1997. For Appellants : Mr.S.Sivathilakar For Respondents : Mr.M.P.Senthil for Mr.J.Antony Jesus

JUDGMENT

When the matter is taken up for hearing today, the learned counsel appearing for the appellants is not ready to proceed with the matter, despite sufficient opportunity given to him. The appeal is pending from the year 2002. 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.

19.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No SSB 2/4

To

1. Subordinate Court, Tuticorin 2.District Munsif, Kovilpatti 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

P.VELMURUGAN , J.

SSB 19.04.2023 4/4