Madras High CourtSA(MD)/289/2006dismissed for nonprosecution

Arulmary v. Thanjavur Municipality(Amended As)Corporation

2024-10-29Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)No.10976 of 2024 1.Arulmary 2.Andru Rayaman 3.A.Robert ... Plaintiffs 1 to 3/ respondents/ 1 to 3/ Appellants Vs.

1.Thanjavur Corporation, represented by its Commissioner, having his office at Gandhiji Road, Thanjavur Town.

2.Natchathira Nagar Kudi Iruppu Sangam, represented by its President, 23, Rajeswari Nagar, Pudukkottai Road, Thanjavur.

3.Natchathira Nagar Kudi Iruppu Sangam, represented by its Secretary, residing at No.182, Natchathira Nagar, Pudukkottai Road, Thanjavur.

... Defendants 1 to 3/Appellants 1 to 3/ Respondents 1/4

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the decree and judgment passed in A.S.No.43/2004 on the file of the Principal District Court, Thanjavur dated 18.11.2004 reversing the decree and judgment passed in O.S.No.469 of 1997, dated 30.04.2001, on the file of the District Munsif Court, Thanjavur. For Appellants : No appearance For R1 : Mr.V.Ragupathy For R2 & R3 : Mr.T.R.Rajaraman

JUDGMENT

When the matter was taken up for hearing on 28.10.2024, the learned counsel appearing for the appellants has filed a memo before the Registry stating that the appellants did not co-operate for conducting the case and the case bundle along with consent vakalat has been sent to the appellants and hence, reported no instruction. Therefore, this Court directed the Registry to print the name of the appellants in the cause list and post the matter on 29.10.2024 'for dismissal'.

2. Today, when the matter is taken up for hearing, even though the name of the appellants have been printed in the cause list, there is no representation on behalf of the appellants and the same clearly indicates that 2/4

the appellants have not shown any interest to prosecute the appeal any further. Hence, the Second Appeal is dismissed for non-prosecution. No costs.

29.10.2024 NCC : Yes/No Index : Yes/No am To 1.The Principal District Court, Thanjavur.

2.The District Munsif Court, Thanjavur.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

am Judgment made in 29.10.2024 4/4