Ammukutty Amma vs Ponnamma
2023 Latest Caselaw 4994 Mad

                                                                                    S.A.No.2146 of 2001

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 28.04.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                S.A.No.2146 of 2001

                 Ammukutty Amma                                ...Plaintiff/Appellant/Appellant

                                                        -Vs-


                 1.Ponnamma
                 2.Balakrishna Pillai
                 3.Sreekumaran Nair
                 4.Ambika Devi                                 ...Defendants 1 to 4/Respondents/
                                                                           Respondents


                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the judgment and decree, dated 20.11.2000 passed by the Subordinate
                 Judge, Kuzhithurai in A.S.No.108 of 1995, on appeal from the judgment and
                 decree dated 30.01.1995 passed by the Principal District Munsif, Kuzhithurai in
                 O.S.No.691 of 1983.


                                      For Appellant    : No appearance
                                      For Respondents : No appearance



                 1/4

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                                                                                     S.A.No.2146 of 2001




                                                        JUDGMENT

When the matter was taken up for hearing on 25.04.2023, there was no

representation for the appellant and this Court directed to list the matter on

27.04.2023 under the caption “for dismissal”. Further, when the matter came up

for hearing on 27.04.2023, this Court directed the Registry to remove the name of

the appellant counsel and print the name of the appellant in the cause list since the

learned counsel for the appellant has filed a memo reporting 'no instructions' and

further directed to list the matter on 28.04.2023 under the caption 'for dismissal'.

2. Today also, there is no representation for the appellant and the

respondents. The appeal is in the year 2001. Despite sufficient opportunity given

to the appellant, the appellant has 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 appellant to the Registry. In

case the appellant has filed any application to restore the appeal, Registry is

https://www.mhc.tn.gov.in/judis S.A.No.2146 of 2001

directed not to take the application on file unless the appellant deposits the said

amount imposed by this Court.

                                                                                   28.04.2023

                 NCC      : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 am


                 To
                 1.The Sub-Court,
                    Kuzhithurai.

2.The Principal District Munsif, Kuzhithurai.

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

https://www.mhc.tn.gov.in/judis S.A.No.2146 of 2001

P.VELMURUGAN, J.

am

S.A.No.2146 of 2001

28.04.2023

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