Second Appeal filed under Section 100 of the CPC was dismissed for default due to lack of instructions from the appellant. The court directed payment of Rs.10,000/ costs for potential restoration of the appeal.
The second appeal was dismissed for default.
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S.A.(MD)No.353 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.353 of 2010 and M.P.(MD)No.1 of 2010
G.Murugesan Through its Power Agent ... Appellant / Appellant / Manickavalli Plaintiff -Vs1.PR.Ganapathi Ambalam 2.G.Nagarajan (died) ...Respondents / Respondents / Defendants 3.Kalavathi 4.Muthulakshmi 5.Revathi 6.Selvaganapathy 7.Saravanan ... Respondents (R3 to R7 are suo motu impleaded as LRs of the deceased R2 vide Court order dated 28.03.2022)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 29.12.2009 made in A.S.No.5 of 2009 on the file of the District Court, Sivagangai confirming the judgment and decree dated 26.11.2008 made in O.S.No.29 of 2007 on the file of the Sub Court, Devakottai.
For Appellant : Mr.A.Arumugam For R2, R3 & R4 : Mr.H.Lakshmi Shankar For R1 : Died
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S.A.(MD)No.353 of 2010
JUDGMENT
The learned counsel appearing for the appellant reports 'no instructions'. The second appeal is dismissed for default. Registry shall entertain a petition for restoration only if a sum of Rs.10,000/- is paid as cost by the appellant to the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
rmi
To
1.The District Judge, Sivagangai.
2.The Subordinate Judge, Devakottai.
Copy To
2.The Sub Assistant Registrar(AE), Madurai Bench of Madras High Court, Madurai.
3.The Officer in Charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.H. LAKSHMI SHANKAR, Advocate ( SR-20431[F] dated 22/04/2022 )
S.A.(MD)No.353 of 2010 21.04.2022
RK(05/05/2022) 2P 8C
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G.Murugesan Through its Power Agent
Manickavalli
PR.Ganapathi Ambalam
G.Nagarajan
Kalavathi
Muthulakshmi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
