Madras High CourtSA/660/2003dismissed for nonprosecution

Marimuthu v. Stte Of T.N.

2021-07-22Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A. No.660 of 2003 & CMP.No.6299 of 2003 1.Marimuthu 2.Meenatchi 3.M.Poongavanam ...Appellants Vs

1. State of Tamil Nadu rep. by District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Jeckkampettai, Tindivanam

3. The Tahsildar, Jawaharlal Nehru Street, Tindivanam

4. Veeraraghavan

5. Ramakrishnan

6. Perumal

7. Govindaraju

...Respondents

PRAYER: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree in A.S.No.60 of 2002 on the file of the Additional District (Fast Track Court No.I) Judge at Tindivanam dated 30.10.2002, confirming the Judgment and Decree in O.S.No.439 of 1992 on the file of the Principal District Munsif at Tindivanam, dated 28.04.1998.

For Appellants : Ms.N.Mala For Respondents 1 to 3 : Dr.S.Suriya, Government Advocate For R4 to R7 : Not ready in Notice R5 - Died (Steps due)

JUDGMENT

This Court has been repeatedly granting adjournments in this matter to enable the Appellants to take steps to serve notice on R4 to R7 as well as to take steps to bring on record the legal https://hcservices.ecourts.gov.in/hcservices/

representatives of the deceased R5. Infact, on the last hearing date, i.e., on 29.06.2021, this Court had made it clear that if steps are not taken to serve notice on R4 to R7 and if steps are not taken to bring on record the legal representatives of the deceased R5, the second appeal shall stand automatically dismissed for non-prosecution.

2. Admittedly till date, steps have not been taken by the Appellants to serve notice on R4 to R7 as well as to bring on record the legal representatives of the deceased R5. The second appeal is of the year 2003. It can now be inferred that the Appellants are not interested in prosecuting this second appeal. In accordance with the order of this Court dated 29.06.2021, this Second Appeal shall stand dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar nl To

1. The Additional District (Fast Track Court No.I) Judge at Tindivanam

2. The Principal District Munsif at Tindivanam +1 CC to The Additional Government Pleader, Sr 35347. +1 CC to The Special Government Pleader, Sr 35110. S.A. No.660 of 2003 UM(CO) LS(10/08/2021) https://hcservices.ecourts.gov.in/hcservices/