P.Krishna Pillai vs Asirvatham
2023 Latest Caselaw 14085 Mad

                                                                                 S.A.No.962 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED :      30.10.2023

                                                    CORAM

                                  THE HONOURABLE MRS.JUSTICE R. KALAIMATHI

                                                S.A.No.962 2002
                                                      and
                                              C.M.P.No.7699 of 2002


                     P.Krishna Pillai                      ... Plaintiff/Respondent/Appellant


                                                    -Vs-

                     1.Asirvatham
                     2.Sornam
                     3.Princy Ramanibai
                     4.Rasal Rajakumar
                     5.Susigararose Ramani
                     6.Rasal Sudir Sing
                     7.Rasal Vigil Selvam                  ... Defendants/Appellants/
                                                                              Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree dated 02.04.2002 made in A.S.No.
                     142 of 1996 on the file of the Sub-Court, Padmanabhapuram, reversing the




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                                                                                    S.A.No.962 of 2002


                     judgment and decree dated 30.10.1996 made in O.S.No.861 of 1990 on the
                     file of the Principal District Munsif, Padmanabhapuram.


                                           For Appellant      : No appearance
                                           For R2 and R4      : Mr.K.Sreekumaran Nair



                                                   JUDGMENT

Despite order dated 09.07.2018 of this Court a direction was

given to the appellant to pay batta to the unserved respondents on or before

06.08.2018. The said conditional order was not complied with. When the

second appeal came up for hearing on 04.10.2023, as no steps have been

taken to restore the appeal as against the respondents 1, 3, 5 & 6, the matter

was posted on 13.10.2023 under the caption “for dismissal”. When the

matter came up for hearing on 13.10.2023 the learned counsel for the

appellant submitted that she has no instructions from the parties and hence,

the matter was posted on 30.10.2023 under the caption “for dismissal”. The

respondent Nos.2 and 4 represented through their counsel. Today also there

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https://www.mhc.tn.gov.in/judis S.A.No.962 of 2002

is no representation for the appellant. Hence, this Second Appeal is

dismissed for non-prosecution. No costs. Consequently, connected

miscellaneous petition is closed.

30.10.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No To

1.The Sub-Court, Padmanabhapuram.

2.The Principal District Munsif, Padmanabhapuram.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis S.A.No.962 of 2002

R. KALAIMATHI,J.

Ns

S.A.No.962 2002 and C.M.P.No.7699 of 2002

30.10.2023

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