IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2009
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
Second Appeal No.213 of 1998
1.Dhamodaran,
2.Darmalingam.
3.Mangammal. ... Appellants/Respondents/Defendants
vs.
1.Gangadaran(died),
2.Rosammal,
3.Velu,
4.Murali,
5.Ambika,
6.Mariammal,
7.Poonammal.
(R2 to R7 were brought on record
as Legal Representatives of the
deceased sole respondent vide
order dated 31.12.2002 made in
C.M.P.No.3232 of 1999). ... Respondents/Appellant/Plaintiff
and his Legal Representatives
Second Appeal is filed under Section 100 CPC against the Judgment and Decree dated 15.9.1997 passed in A.S.No.12 of 1995 on the file of the Sub Court, Tiruvallur, reversing the Judgment and Decree dated 29.10.1993 passed in O.S.No.288 of 1987 on the file of the District Munsif Court, Tiruvallur.
For Petitioner : No appearance
-----
JUDGMENT
On 3.12.2009, this case was listed for non-payment of batta with the following directions:-
“(1) It is brought to the attention of the advocate that the following matters were 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, the matters are listed today before this court as a last chance.
(3) Advocate is directed to pay batta on or before 16.12.2009 and proof of compliance to be filed immediately. If batta is filed as directed issue notice immediately. Failing payment of batta as directed, the 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, the Second Appeal is dismissed for non-payment of batta. Consequently, miscellaneous petitions, if any, are also dismissed.
ts
To
1.The Sub Judge,
Tiruvallur.
2.The District Munsif,
Tiruvallur.
3.The Record Keeper,
V.R. Section,
High Court,
Madras