Meenakshi Ammal (Died) vs Swaminathan
2023 Latest Caselaw 6771 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 21.06.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                               S.A.No.1093 of 2002


                 Meenakshi Ammal (Died)
                 2.Thangachiayyee
                 3.Narayanasamy
                 4.Kannusamy
                 5.Padmini
                 6.Chinnu
                 7.Periathambi
                 8.Chidambaram
                 9.Thirupathi
                 10.Anandhi
                 11.Parvathi
                 (Appellants 2 to 11 are brought on record
                  as Lrs of the deceased sole appellant
                  vide Court Order dated 21.04.2023)            ... Appellants

                                                       -Vs-
                 1.Swaminathan
                 2.Thayyalu
                 3.Manickathammal
                 4.Dravidamani @ Mangayarkarasi
                 5.Thirumeni Mudaliar
                 6.Kulandaivelu Mudaliar                        ....Respondents



                 1/4

https://www.mhc.tn.gov.in/judis
                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the judgment and decree of the Principal District Court, Thanjavur made
                 in A.S.No.30 of 2001 dated 06.11.2001 confirming the order and final decree
                 made in I.A.No.188 of 1998 in O.S.No.119 of 1991 on the file of the Sub-Court,
                 Pattukkottai dated 18.08.2000.


                                           For Appellants     : A.Anand Chandrasekar
                                           For R1 to R3       : Mr.V.Balaji

                                                            JUDGMENT

When the matter was taken up for hearing on 13.06.2023, it was

reported that R2 died long before, no steps have been taken, therefore the appeal

was dismissed as against R2 as abated. Further, batta was not paid for R4 and R5,

therefore, the appeal was dismissed for default as against R4 and R5 and the

matter was adjourned on 21.06.2023.

2. Despite sufficient opportunity given to the appellants, the appellants

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 appellants to the Registry. In case the appellants have filed

https://www.mhc.tn.gov.in/judis any application to restore the appeal, Registry is directed not to take the

application on file unless the appellants deposits the said amount imposed by this

Court.

                                                                                  21.06.2023

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


                 To

1.The Principal District Court, Thanjavur.

2.The Sub-Court, Pattukkottai.

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

https://www.mhc.tn.gov.in/judis P.VELMURUGAN, J.

am

S.A.No.1093 of 2002

21.06.2023

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