P.Palani Asari, v. R.Kumara Udayamarthandan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.P.Palani Asari 2.P.Kumar 3.P.Senthil 4.P.Saravanan ...Appellants/Respondents/Defendants -Vs1.R.Kumara Udayamarthandan 2.Sreemathy 3.Suresh Kumar 4.Vijaya Prabha ..Respondents/Appellants/Plaintiffs PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree of the Subordinate Court, Padmanabhapuram made in A.S.No.98 of 1997 dated 07.12.2001 reversing the judgment and decree of the Additional District Munsif, Eraniel made in O.S.No.1016 of 1995 dated 31.01.1997.

For Appellants : No-appearance For Respondents : Mr.Sreekumaran Nair 1/4

JUDGMENT

When the matter was taken up for hearing on 13.04.2023, there was no representation for the appellants. Hence, the matter was directed to be listed today under the caption for dismissal. Today also, there is no representation for the appellants. The appeal is in the year 2002. Despite sufficient opportunity given to the appellants, the appellants have not come forward to prosecute the appeal. 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.

18.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No SSB 2/4

To

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

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P.VELMURUGAN , J.

SSB 18.04.2023 4/4