Saraswathy Amma v. Kolappan Pillai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Saraswathy Amma 2.Vijayakumar 3.Sudhakumari 4.Sreekumar 5.Chandran ...Appellants vs.
1.Kolappan Pillai 2.Murukesan 3.Ganesan 4.Veronickam 5.Jayarani 6.Mellin 7.Felcit 8.Packianathan 9.Muthayyan
10.Ramayyan 11.Thanumalayan 12.Bhagavathy 13.Peerukannu 14.Appu Pillai 15.Saraswathy 16.Krishna Pillai 17.Syamala 18.Vasantha 19.Nesamani Nadar 20.Rasalayyan 21.Chempakakutti Pillai 22.Narayana Pillai 23.Chellappan Pillai 24.Selvaraj ... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 05.07.2001 in A.S.No. 88 of 1995 on the file of the Subordinate Court, Kuzhithurai setting aside the Judgment and Decree dated 22.03.1995 in O.S.No.59 of 1971 on the file of the Principal District Munsif Court, Kuzhithurai.
For Appellants :
No appearance For Respondents :
No appearance
ORDER
When the matter was taken up for hearing on 26.04.2023, the learned counsel who appeared for the appellants submitted that the appellants have not turned up and has filed a Memo dated 26.04.2023 to that effect. Therefore, Registry was directed to cancel the vakalath filed by the appellants counsel and list the matter on 27.04.2023 under the caption 'for dismissal', by printing the names of the appellants.
2. Today, when the matter is taken up for hearing, there is no representation for the appellants. The appeal is of the year 2002. Despite sufficient opportunity being given to the appellants, the appellants have not come forward to proceed with the appeal effectively. Therefore, this Second Appeal is dismissed for non-prosecution with cost of Rs. 1,00,000/- (Rupees One Lakh only) payable by the appellants to the Registry to the credit of S.A.No.846 of 2002. In case the appellants file
any application to restore the appeal, Registry is directed not to take the application on file unless the appellants deposit the cost imposed by this Court.
27.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Court, Kuzhithurai.
2.The Principal District Munsif Court, Kuzhithurai.
P.VELMURUGAN , J.
mbi 27.04.2023