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Madras High CourtSA/736/2004dismissed for nonprosecution

P.Govinda Reddiar v. The Taluk Exercise Officer,

2018-04-16Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.04.2018

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.736 of 2004 and C.M.P.No.5797 of 2004 P.Govinda Reddiar ... Appellant/Plaintiff/Appellant Vs.

1.The Taluk Exercise Officer, Tiruvallur Taluk, Tiruvallur Taluk Office, 2.The District Collector, .. Respondents/Defendants/Respondents Prayer:

Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 29.11.2002 made in A.S.No.11 of 2001 on the file of the Subordinate Court, Tiruvallur and by confirming the judgment and decree dated 29.12.2000 made in O.S.No.236 of 1992 on the file of the District Munsif Court, Tiruvallur.

For Appellant : No appearance For Respondents : M/s.A.Madhumathi AGP (CS)

J U D G M E N T

Learned counsel for the respondents present.

2.No representation for the appellant. Appellant called absent.

3.On a perusal of the record, it is found that on earlier occasion, when there was no representation for the appellant and

the appellant being called, and remaining absent, Registry was ordered to list the matter under the caption "for dismissal" and thereafter, the appellant's counsel had been taking adjournments for making submissions and despite the indulgence of the Court, the appellant's counsel is not ready to make the submissions. 4.Today, when the matter is called, there is no representation for the appellant and the appellant called, absent as above adverted to, in such view of the matter, the appellant is found not interested in prosecuting the second appeal.

5.For the reasons afore stated, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Subordinate Judge, Tiruvallur .

2.The District Munsif, Tiruvallur.

3.The Section Officer, VR Section, High Court, Madras-104(2 copies) 4.The Taluk Exercise Officer, Tiruvallur Taluk, Tiruvallur Taluk Office,

5.The District Collector, +1cc to Mr.A.R.Suresh, Advocate sr.no.28682 +1cc to Special government Pleader(CS) in sr.no.28234 S.A.No.736 of 2004 kgk(co) nr 07/06/2018