Saraswathy Amma vs Kolappan Pillai
2023 Latest Caselaw 4934 Mad

                                                                        S.A.No.846 of 2002



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 27.04.2023

                                                    CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                               S.A.No.846 of 2002


                     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



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                                                                                    S.A.No.846 of 2002



                     10.Ramayyan
                     11.Thanumalayan
                     12.Bhagavathy
                     13.Peerukannu
                     14.Appu Pillai
                     15.Saraswathy
                     16.Krishna Pillai
                     17.Syamala
                     18.Vasantha
                     19.Nesamani
                     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.




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                                                                                    S.A.No.846 of 2002



                                  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 name 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

https://www.mhc.tn.gov.in/judis S.A.No.846 of 2002

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.

https://www.mhc.tn.gov.in/judis S.A.No.846 of 2002

P.VELMURUGAN, J.

mbi

S.A.No.846 of 2002

27.04.2023

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