Lakshmaiyee Ammal v. Durai Pillai(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Lakshmaiyee Ammal ...Appellant vs.

Durai Pillai (Died) 2.Kannammal(Died) 3.Dhanapal 4.Kamaraj 5.Shanmughavel 6.Nalini ... Respondents (Respondents 3 to 6 are brought on record as lrs of the deceased sole respondent vide Court Order dated 31.01.2023 in C.M.P.(MD)Nos.800 to 802 of 2018 in S.A.No.1848 of 2003) Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 18.03.2003 in A.S.No. 51 of 2000 on the file of the Subordinate Court at Pudukottai, Pudukottai District in setting aside the Judgment and Decree dated 24.11.1999 in O.S.No.691 of 1995 on the file of the District Munsif cum Judicial Magistrate Court at Keeranur.

For Appellant :

No appearance For Respondents :

Mr.K.P.Narayana Kumar

ORDER

When the matter was taken up for hearing today, i.e., on 25.04.2023, 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 default 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.1848 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.

25.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Subordinate Court, Pudukottai.

2.The District Munsif cum Judicial Magistrate Court, Keeranur.

P.VELMURUGAN , J.

mbi 25.04.2023