Vaithilingam Poosari v. Muthu Ambalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Vaithilingam ...Appellant vs.

Muthu Ambalam ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 31.03.1999 in A.S.No. 53 of 1998 on the file of the Additional District Judge cum Judicial Magistrate, Pudukottai confirming the Judgment and Decree dated 16.10.1996 in O.S.No.909 of 1992 on the file of the Additional District Munsif Court, Pudukottai.

For Appellant :

No appearance For Respondent :

Mr.D.Srinivasaragavan

ORDER

When the matter was taken up for hearing on 25.04.2023, there was no representation for the appellant. Therefore, it was ordered to be listed under the caption 'for dismissal' today.

2. Today also, when the matter is taken up for hearing, there is no representation for the appellant. The appeal is of the year 2003. Despite sufficient opportunity being given to the appellant, the appellant has not come forward to proceed with the appeal. Therefore, this Second Appeal is dismissed for non-prosecution 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.1145 of 2003. 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. 27.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Additional District cum Chief Judicial Magistrate Court, Pudukottai.

2.The Additional District Munsif Court, Pudukottai.

P.VELMURUGAN , J.

mbi 27.04.2023