IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.12. 2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR S.A.Nos.292 & 320 of 2001 1.Ravisankar 2.Ganesan 3.Senthil .. Appellants in S.A.No.292 of 2001 1.Shiyamala Anni 2.Subbaiya .. Appellants in S.A.No.320 of 2001 vs. A.Kuppusamy .. Respondent in Both S.A's. Prayer in S.A.No.292 of 2001:- Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and Decree dated 30.03.2000 of the Learned Additional Sub-Judge, Mayiladuthurai in dismissing the First Appeal in A.S.No.92/99 in confirming the Judgment and Decree dated 26.07.1999 of the learned District Munsif of Sirkali, in O.S.No.158/1993. Prayer in S.A.No.320 of 2001:- Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and Decree dated 30.03.2000 on the Learned Additional Sub-Judge, Mayiladuthurai in allowing the First Appeal in A.S.No.91/99 and modifying the Judgment and Decree dated 26.07.1999 of the learned District Munsif of Sirkali, in O.S.No.170/1992. For Appellants : No Appearance ... R.SUDHAKAR,J.
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COMMON JUDGMENT
On 8.12.2009, these cases were listed for non-payment of batta with the following directions:-
“(1) It is brought to the attention of the advocate that these matters were listed before the Deputy Registrar (A.S.) for default in payment of batta so as to effect service on the respondent.
(2) Since the batta has not been paid till today inspite of sufficient opportunity given, these matters are listed today before this court as a last chance.
(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, these Second Appeals shall stand dismissed automatically as against the concerned respondent without reference to the court.”
2. Till date, batta is not paid. These matters are listed today for recording dismissal. Accordingly, these Second Appeals are dismissed for non-payment of batta. No costs.
22.12.2009
Index :Yes/No
Internet:yes/No
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To
1.The Additional Sub Judge,
Mayiladuthurai.
2.The District Munsif,
Sirkali.
3.Record Keeper,
V.R. Section, High Court, Madras.
S.A.Nos.292 & 320 of 2001