Madras High CourtSA/2061/2004dismissed for nonprosecution

Km Pambana Gonder S/O.Muhtusam v. Ramasmay Gounder S/O.Sengappa

2021-12-14Honourable Mrs Justice J. Nisha Banu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.A.No.2061 of 2004 K.M.Pambana Gounder ... Appellant /Appellant/Plaintiff Vs

1. Ramasamy Gounder,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Brough Road, Erode.

3. K.M.Kailasam

4. Chenniangiri,

5. The State of Tamil Nadu, Rep by. District Collector, Erode District, Erode. ...Respondents/Defendants Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgement and decree dated 27.12.2002 made in A.S.No.191 of 2001 on the file of the Principal District Court, Erode, confirming the Judgement and decree dated 13.09.2001 made in O.S.No.70 of 1997 on the file of the District Munsif-cum-Judicial Magistrate at Kodumudi and allow the above Second appeal.

For Appellant : No appearance For Respondents : Mr.M.Mithran, Additional Government Pleader For R2 and R5.

J U D G M E N T

The Second Appeal was admitted in the year 2004. Thereafter, when the matter was taken up for hearing on 01.02.2019, 25.08.2021 and 10.12.2021 the following orders were passed by this Court :

''Order on 01.02.2019:

https://hcservices.ecourts.gov.in/hcservices/

'No representation for the appellant. Service to R1 & R4 not completed. Post the matter on 08.02.2019.'

Order on 25.08.2021:

'No representation for the appellant, till date steps have not been taken to serve notice on R1 & R4. Post on 13.09.2021, "for dismissal".'

Order on 10.12.2021:

'No representation for the appellant, post the matter on 14.12.2021, "for dismissal".''

2.Even today, there is no representation for the appellant. Hence, this Second Appeal is dismissed for nonprosecution. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar ms To 1.The Principal District Judge, Erode.

2.The District Munsif-cum-Judicial Magistrate, Kodumudi, Erode.

Copy to:

The Section Officer, V.R.Section, High Court, Madras-104.

+1cc to the Government Pleader, SR.No.67620 S.A.No.2061 of 2004 SSI(CO) CB(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/