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Madras High CourtSA/1319/2007dismissed for nonprosecution

Mahathma Gandhi Servodaya v. The Collector Of Chennai

2019-11-28Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.1319 of 2007 and MP No.1 of 2007 M/s.Mahathma Gandhi Sarvodaya Movement Bharathiyar Rental Residential Welfare Association, Rep. by its President E. Ramachandiran ...

Appellant/Plaintiff Vs

1. The Collector of Chennai Singara Velan Maligai Rajaji Salai, Chennai - 1.

2. The Tahsildar, Tondiarpet, Chennai - 3.

3. The Commissioner Corporation of Chennai, Rippon Buildings, Chennai - 3.

4. The Chief Engineer (Rural Works) P.W.D. Department, Kamaraj Salai, Chennai - 5.

...

Respondents/Defendants Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree of the learned Additional District Judge, Fast Track Court V, Chennai - 1 made in A.S. No.263 of 2005, dated 29.01.2007 concurring judgment and decree of the learned XII Assistant City Civil Judge at Chennai made in O.S. No.7381/99, dated 28.09.2004.

1/3

For appellant : No appearance For respondents : Mr.N.Manikandan Special Government Pleader (AS) for R1, R2 and R4 No appearance for R3

JUDGMENT

The matter is listed under the caption "for dismissal", today. Even on the last two occasions i.e. on 21.10.2019 and 25.11.2019, there was no representation on the side of the appellant. Today, there is no representation on the side of the appellant. However, the learned Government Pleader appearing for the 1st, 2nd and 4th respondents is present. Therefore, it can now be inferred that the appellant is not interested to prosecute the Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi2 To

1. The Additional District Judge, Fast Track Court V, Chennai - 1.

2. The XII Assistant Judge, City Civil Court, Chennai.

Copy to:

The Section Officer, V.R Section, High Court, Madras 2/3

+1cc to Special Government Pleader(CS) sr.100091 S.A. No.1319 of 2007 ev(co) nr 09/01/2020 3/3