P.Palani Asari vs R.Kumara Udayamarthandan
2023 Latest Caselaw 4417 Mad

                                                                                   S.A.No.1697 of 2002

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 18.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                S.A.No.1697 of 2002

                 1.P.Palani Asari
                 2.P.Kumar
                 3.P.Senthil
                 4.P.Saravanan                          ...Appellants/Respondents/Defendants


                                                         -Vs-
                 1.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

https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.1697 of 2002




                                                        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

https://www.mhc.tn.gov.in/judis S.A.No.1697 of 2002

To

1. Subordinate Court, Padmanabhapuram

2.Additional District Munsif, Eraniel

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1697 of 2002

P.VELMURUGAN, J.

SSB

S.A.No.1697 of 2002

18.04.2023

https://www.mhc.tn.gov.in/judis