IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Second Appeal No.488 of 1997 1.Ranganatha Mudaliar, 2.Krishnaraj. 3.Sakthi. ... Appellants/Appellants/Plaintiffs vs. Ganesan. ... Respondent/Respondent/Defendant Second Appeal is filed under Section 100 CPC against the Judgment and Decree dated 25.4.1996 passed in A.S.No.101 of 1993 on the file of the Sub Court, Arni, Tiruvannamalai Sambuvarayar District confirming the Judgment and Decree dated 10.8.1993 passed in O.S.No.516 of 1986 on the file of the Additional District Munsif Court, Arni. 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.
ts
To
1.The Sub Judge,
Arni.
2.Additional District Munsif,
Arni.
3.The Record Keeper,
V.R. Section,
High Court,
Madras