Madras High CourtSA/1857/1998dismissed for nonprosecution

A.R.Sivam. v. A.N.Raju

2021-07-16Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1857 of 1998 & CRP(PD).No.2022 of 2002 In S.A.No.1857 of 1998 1.A.R.M.Sivam 2.M.Dhanasekaran ... Appellants Vs 1.A.N.Raju (Died) 2.State of Tamil Nadu by its District Collector of Periyar District, Erode 3.District Revenue Officer, Periyar District, Erode.

4.The Tahsildar of Gobichettipalayam 5.Sarojini 6.Dr.A.R.Mohan 7.A.R.Pratheban 8.Dr.A.R.Banumathi ... Respondents (Respondents 5 to 8 are brought on record as LRs of the deceased first respondent vide order of this Court dated 13.08.2007 made in CMP.Nos.8341 to 8343 of 2006) PRAYER: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree passed in A.S.No.98 of 1997 on the file of the Sub Court, Gobichettipalayam dated 24.08.1998 by reversing the decree and judgment passed in O.S.No.449 of 1993 on the file of the District Munsif of Gobichettipalayam dated 06.12.1996.

For Appellant : No appearance For Respondent 1 : Died For Respondents 2 to 4 : Dr.S.Suriya For Respondents 5 to 8 : Mr.K.Govi Ganesan In CRP (PD).No.2022 of 2002 1.A.R.M.Sivan 2.M.Dhanasekaran ... Petitioners vs 1.State of Tamil Nadu Represented by District Collector, of Periyar District at Erode.

2.A.N.Raju 3.O.V.Saravanan ... Respondents Prayer: Civil Revision Petition filed under section 115 of Code of Civil Procedure against the order dated 23.07.2002 made in I.A.No.890 of 2000 in O.S.No.95 of 1997 on the file of the District Munsif Court, Gobichettipalayam For Appellants : No appearance For Respondent 1 : Dr.S.Suriya For Respondent 2 : Died For Respondent 3 : No appearance COMMON JUDGMENT The matter is listed under the caption "for dismissal" today. On 30.06.2021, the learned counsel for the Appellants/petitioners reported no instruction in this matter and therefore, this court directed the Registry to print the name of the Appellants/petitioners in the cause list and to list the matter on 05.07.2021. On 05.07.

2021, the matter was listed under the caption "for dismissal" by printing the name of the counsel for the Appellants/petitioners instead of the name of the Appellants/petitioners and hence, Registry was directed to print the name of the Appellants/petitioners in the cause list and to list the matter under the same caption "For dismissal" today. Even today, the Appellants/petitioners have not entered appearance.

It can now be inferred that the Appellants/petitioners are not interested in prosecuting this Second appeal as well as Civil revision petition. Accordingly,

both the Second appeal as well as the Civil revision petition are dismissed for non-prosecution. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nl To 1.The Sub Court, Gobichettipalayam 2.The District Munsif of Gobichettipalayam +1cc to the Special Government Pleader (SR No.34099) +1cc to Mr.K.Govi Ganesan, Advocate (SR No.34138) S.A. No.1857 of 1998 & CRP(PD).No.2022 of 2002 UM (CO) PR (09/08/2021)