Madras High CourtCMP(MD)/8051/2023dismissed for default

The District Collector v. Nagappan Nair,

2025-01-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Thursday the Twenty Third day of January Two Thousand Twenty Five PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD)Nos.8051 and 8048 of 2023 IN SA(MD)Nos.139 and 140 of 2017 1.The District Collector, Nagercoil, Kanniyakumari District.

2.The Tahsildar, Vilavancode Taluk, Kanniyakumari District.

...1st and 2nd Petitioners in CMP(MD)Nos. 8051 and 8048/ 3.The Village Administrative Officer, Palugal Post, Kanniyakumari District.

...3rd Petitioner in CMP(MD). 8051/ 2023 - Vs. - 1.Nagappan Nair 2.Sudhakaran Nair ... Respondents in CMP(MD)Nos. 8051 and 8048/ 2023 Prayer in CMP(MD).8051/2023 in SA(MD)No.139/2017 : To set aside the order dated 14-06-2023 restore the above SA(MD).No. 139 of 2017 on the file of this Honourable Court which was dismissal for no.-prosecution and pass such further or other orders as this Honourable Court may deem fit and

proper in the circumstances of the case and thus render justice. Prayer in CMP(MD).8048/2023 in SA(MD)No.140/2017 : To set aside the order dated 14-06-2023 restore the above SA(MD).No. 140 of 2017 on the file of this Honourable Court which was dismissal for no.-prosecution and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in SA(MD)No.139/2017 Second Appeals are filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 26.04.2011 passed in A.S.No.27 of 2009 on the file of the Subaordinate Court Kuzhithurai, reversing the judgment and decree dated 31.07.2009 made in O.S.No.333 of 2000 on the file of the II Additional District Munsif Court, Kuzhithurai.

Prayer in SA(MD)No.140/2017 Second Appeals are filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 26.04.2011 passed in A.S.No.28 of 2009 on the file of the Subaordinate Court Kuzhithurai, reversing the judgment and decree dated 31.07.2009 made in O.S.No.264 of 2002 on the file of the II Additional District Munsif Court, Kuzhithurai.

ORDER:

These Civil Miscellaneous Petition having been posted for orders on the caption "Notice Section Default Cases" on this day for not filed batta with petition and affidavit copies due regarding Respondents, in the presence of M/S.Government Advocate for the Appellants and this Court having granted four weeks time,as condition precedent, the said Advocate not having complied with the said direction of this Court, it is ordered that these Second Appeals do stand dismissed against the Respondents.

Sd/- Assistant Registrar(CO) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1.The Subordinate Judge, Kuzhithurai.

2.The Additional District Munsif, Kuzhithurai.

3.The District Collector, Nagercoil, Kanniyakumari District.

4.The Tahsildar, Vilavancode Taluk, Kanniyakumari District.

5.The Village Administrative Officer, Palugal Post, Kanniyakumari District.

Copy to:

1) The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

2) The Section Officer.

Judicial Section, Madurai Bench of Madras High Court Order dated : 23.01.2025 Notice Section Default Cases CMP(MD)Nos.8051 and 8048 of 2023 IN SA(MD)Nos.139 and 140 of 2017 MGJ(09.05.2025) 4P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023