IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.12. 2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR S.A.No.631 of 2001 & C.M.P.No.7478 of 2001 Vijaya .. Appellant vs. 1.S.Mohanambal 2.V.Shunmugham .. Respondents Second Appeal has been filed under Section 100 of C.P.C. against the Decree and Judgment passed in A.S.No.19 of 1999 dated 30.11.1999 on the file of Learned Subordinate Judge at Salem confirming the Decree and Judgment passed in O.S.No.72 of 1993, dated 08.12.1998 on the file of Learned II Additional District Munsif Court at Salem dismissing the said suit and praying to set aside the same. For Appellant : No Appearance ... JUDGMENT
On 8.12.2009, this case was listed for non-payment of batta with the following directions:-
“(1) It is brought to the attention of the advocate that this matter was listed before the Deputy Registrar (A.S.) for default in payment of batta so as to effect service on the respondents.
(2) Since the batta has not been paid till today inspite of sufficient opportunity given, this matter is listed today before this court as a last chance.
R.SUDHAKAR,J.
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(3) Advocate is directed to pay batta on or before 19.12.2009 and proof of compliance to be filed immediately. If batta is filed as directed issue notice immediately. Failing payment of batta as directed, this Second Appeal shall stand dismissed automatically as against the concerned respondent without reference to the court.”
2. Till date, batta is not paid. This matter is listed today for recording dismissal. Accordingly, this Second Appeal is dismissed for non-payment of batta. No costs. Consequently, connected Miscellaneous petition is closed.
22.12.2009
Index :Yes/No
Internet:yes/No
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To
1.The Subordinate Judge,
Salem.
2.The II Additional District Munsif,
Salem.
3.Record Keeper,
V.R. Section, High Court, Madras.
S.A.No.631 of 2001
and
C.M.P.No.7478 of 2001