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Madras High CourtSA(MD)/354/2006dismissed as abated

Kaliarajan v. Janaki Ammal

2025-12-15Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD).No.2771 of 2006 Kaliarajan ...Appellant Vs.

1.Janaki Ammal 2.State of Tamil Nadu Rep by its District Collector, Tiruchirappali - 1.

3.Chief Educational Officer, Sree Complex, Madurai Road, Trichy - 2.

...Respondents

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree, dated 22.11.2005 made in A.S.No.128 of 2004 on the file of the Subordinate Judge, Tiruchirappalli reversing the Judgment and Decree dated 16.06.2004 passed in O.S.No. 1657 of 1998 on the file of the Principal District Munsif, Tiruchirappalli. For Appellant : Mr.C.Mahadevan For Respondent : No appearance ***** 1/4

JUDGMENT

When the matter was taken up for hearing, Mr.C.Mahadevan, learned Counsel appearing for the Appellant, submitted that despite a letter sent to the Appellant on 21.01.2025, the Appellant had neither contacted him nor furnished instructions to proceed further with the appeal. In this regard, he filed a memo and submitted that the second appeal may be treated as abated. He also made the following endorsement:

"As there is no instructions, we have filed a memo, reporting 'no instruction'. The same may be recorded and appropriate orders may be passed in the above second appeal."

2. In view thereof, this second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. 15.12.2025 Internet :Yes Index :Yes/No NCC : Yes/No LR/Nsr 2/4

TO:

1.Subordinate Judge, Tiruchirappalli.

2. Principal District Munsif, Tiruchirappalli 3.District Collector, Tiruchirappali - 1.

4.Chief Educational Officer, Sree Complex, Madurai Road, Trichy - 2.

5. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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MOHAMMED SHAFFIQ, J.

LR/Nsr Judgment made in S.A.(MD)No.354 of 2006 Dated:

15.12.2025 4/4