Madras High CourtSA/993/2005dismissed for nonprosecution

Govinda Naidu v. The Block Development Officer

2021-12-16Honourable Mrs Justice J. Nisha Banu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.A.No.993 of 2005 and C.M.P.No.13657 of 2005 Govinda Naidu ... Appellant/Plaintiff Vs 1.The Block Development Officer, Kadambathur.

2.The Divisional Development Officer, 3.The Director of Town and Country Planning, No.807, Anna Salai, Madras-600 002.

4. T.M.Sampath .... Respondents/Defendant Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgement and decree dated 02.12.2003 passed in A.S.No.5 of 2001 by the learned Additional District Judge, Fast Track Court-V, Chingelpet at Tiruvallur confirming the judgement and decree dated 29.09.2000 passed in O.S.No.844 of 1991 on the file of the District Munsif Court at Tiruvallur. For Appellant : No appearance *For Respondent 4 : No appearance *Respondents 1 to 3 : Mr.M.Bindran.AGP

J U D G M E N T

When the matter was taken up for hearing on 07.12.2021, there was no representation for the appellant and the same was directed to be listed on 09.12.2021 under the caption 'for dismissal'.

2.When the matter was listed on 09.12.2021, the learned counsel for the appellant sought time to get instructions from the appellant and hence, this Court directed the Registry to remove the caption for dismissal and adjourned the matter to 16.12.2021.

3.Today when the matter is called, there is no representation for both sides and therefore, the Second Appeal is dismissed for non-prosecution. Connected miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS VI) (29.12.2021) *Respondents counsel appearance corrected as per order of this Court dated 01.02.2022 Sd/- Assistant Registrar(CS VI) (22.02.2022) //True Copy// Sub Assistant Registrar ms To

1. The Additional District Judge, Fast Track Court-V, *Corrected order to Chingelpet at Tiruvallur.

be substituted to the order already

2. The District Munsif, despatched on 12.01.2022

3. The Block Development Officer, Kadambathur.

4. The Divisional Development Officer,

5. The Director of Town and Country Planning, No.807, Anna Salai, Madras-600 002.

6. The Section Officer, VR Section, High Court, Madras.

+1cc to the Special Government Pleader, S.R.No. 67783,*6627 S.A.No.993 of 2005 SR(CO) CT 30/12/2021 PM/23/02/2022