Madras High CourtSA/1677/1999dismissed for nonprosecution

Kaliappan v. 1.State & T.N.Rep By District

2015-08-24Honourable Mr Justice P.R.Shivakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2015

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR S.A.No.1677 of 1999 Kaliappan .. Appellant(Plaintiff) -Vs1. State of Tamilnadu rep. By District Collector Periyar District, Erode

2. The Superintendent (Land Survey) Office of the Land Survey Periyar District, Erode 3.Tahsildar Gobichettipalayam Periyar District

4. Theyagarajan 5.Ammasai Gounder .. Respondents/Defendants Second Appeal filed under section 100 of C.P.C against the judgment and decree of the learned Subordinate judge, Gobichettipalayam passed in A.S.No.1 of 1997 dated 27.2.1998 confirming the judgment and decree passed by the learned District Munsif Court, Gobichettipalayam dated 26.11.1996 made in O.S.No.669 of 1993.

For Appellant : No appearance For Respondents : Special Government Pleader for R1 to R3

JUDGMENT

The learned Special Government Pleader appearing for respondents 1 to 3 is present. As against the fourth respondent, the second appeal was dismissed long back on 07.12.2009 itself. Consecutively on two hearing dates, namely on 24.07.2015 and 17.08.2015, there was no representation for the appellant. Hence, by order of Court, the matter stands listed today under the caption "For

Dismissal". Today also there is no representation for the appellant. Hence, this Court is constrained to dismiss the second appeal for non-prosecution with costs.

2. Accordingly, the second appeal is dismissed for nonprosecution with costs. MEMORANDUM OF COSTS Respondent's (Defendant's) Costs Rs. P.

Stamp for Vakalatnama .. .. 3. 00 Advocate's fee on rupees.. .. -- To be paid to the Respondent(Defendant) ------ By the Appellant(Plaintiff) 3. 00 ------ -s/d- Assistant Registrar(CSIV) dt:10/09/2015 True Copy Sub-Assistant Registrar gpa To 1.The Subordinate judge Gobichettipalayam 2.The District Munsif Court Gobichettipalayam 3.The Section Officer, V.R.Section, High Court, Madras 4.The District Collector, State of TamilNadu Periyar District Erode.

5.The Superintendent(Land Survey) office of the Land Survey, Periyar District, Erode.

6.The Tahsildar, Gopichettipalayam, periyar District +1 cc to Special Government Pleader, Sr.45120 S.A.No.1677 of 1999 aa10/09/2015