Madras High CourtSA(MD)/81/2016dismissed for nonprosecution

Dr.Jeyachandran, v. State Of Tamil Nadu,

2022-04-25Honourable Mr Justice Krishnan Ramasamy2 pages

S.A(MD)No.81 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY S.A(MD)No.81 of 2016 and CMP(MD) No.1844 of 2016 Dr.Jeyachandran ... Appellant -Vs1.State of Tamil Nadu, Through the District Collector, Virudhunagar District.

2.Vakkanangundu Panchayat, Through its President, Kariyapatti Taluk.

... Respondents Prayer :- The second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in A.S.No.7 of 2014 on the file of the Sub Court, Aruppukottai dated 22.07.2014, confirming the judgment and decree in O.S.No.13 of 2005 on the file of the District Munsif Court, Aruppukottai dated 22.07.2013. For Appellant : No appearance For R1 : Mr.G.Sivaraja Government Advocate For R2 : Mr.R.Velmurugan

JUDGMENT

When the matter was called on 31.03.2022, none appeared on behalf of the appellant. Therefore, the matter was adjourned to 21.04.2022. On that date also, none appeared on behalf of the appellant. Hence, this Court directed the Registry to list the matter under the caption 'for dismissal' on 25.04.2022. Accordingly, the matter is listed today.

2.Today, when the matter is called in the first session, there is no representation for the appellant. The learned counsel for the second respondent is present. Hence, the matter was passed over. Again when the matter was called in the post lunch session, none appeared on behalf of the appellant.

3.This matter has already been adjourned on three occasions due to none appearance of the appellant. This Court will normally slow in dismissing the second appeal for non-prosecution. In the https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.81 of 2016 present case, continuously, on three occasions, no one represented for the appellant.

4.In the interest of justice, the matter needs to be decided, since the second respondent is continuously precipitating the Court. Therefore, the second appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Subordinate Judge, Aruppukottai.

2.The District Munsif, Aruppukottai.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.SPL.GP. ( SR-21459[F] dated 26/04/2022 ) S.A(MD)No.81 of 2016 and CMP(MD) No.1844 of 2016 Dated: 25.04.2022 SA(25.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2