Dhanathammal v. Sivagurunathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and C.M.P.No.18646 of 2002 1.Dhanathammal 2.Duraikannu ....(Defendants 5 and 6) (Appellants)/Appellants -Vs1.Sivagurunathan 2.Panneerselvam 3.Thenmozhi 4.Mohan 5.Kasthurai 6.Dhanalakshmi 7.Chandra 8.Minor Senthil 9.Minor Karthik (Minors 8 & 9 rep by Natural guardian mothers R7Chandra) ...(Plaintiffs 1 to 5 and Defendants 1to 4/Respondents 1 to 9/ Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 06.02.2002 passed in A.S.No. 31 of 1989 by the II Addl. District Judge, Tiruchirappalli, in confirming the judgment and decree dated 30.06.1988 passed in O.S.No.330 of 1985 by the V Additional Sub-Court, Tiruchi.

For Appellants : Mr.N.Thiagarajan (No appearance) For Respondents : Mr.T.R.Rajaraman

J U D G M E N T

When the second appeal is taken up for hearing today, there is no representation on the side of the appellants. The learned counsel appearing for the respondents is present. 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/-. Consequently, connected C.M.P is closed. 13.04.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The II Addl. District Judge, Tiruchirappalli, 2.The V Additional Sub-Court, Tiruchi.

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

P.VELMURUGAN ,J.

Ns 13.04.2023