Sir Sivasamy Iyer Bala v. Tirukattupalli Town Panchayat,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.No.1981 of 2003 Sir Sivasamy Iyer Bala Vidyalaya rep. by its Chairman & Secretary C.Karumbeswaran S/o.N.Chandrasekaran Sir Sivasamy Iyer Higher Secondary School Complex, Tirukattupalli, Tiruvaiyaru, Thanjavur District.

Appellant's Chairman is substituted vide Court Order dated 14.06.2023 made in C.M.P(MD)No.1152/2022 ... Appellant Vs.

Tirukattupalli Town Panchayat rep. by its Executive Officer, Tirukattupalli, Tiruvayaru Taluk, Thanjavur District.

... Respondents

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree made in A.S.No.115/2001 on the file of the Principal District Judge, Thanjavur, dated 23.04.2002 in setting aside the judgment and decree made in O.S.No.25/1998 on the file of the District Munsif Court, Thiruvaiyaru, dated 10.09.1998. For Appellant : No appearance For Respondent : Mr.V.Chandrasekar

J U D G M E N T

When the matter was taken up for hearing on 27.06.2023, there was no representation for the appellant and this Court directed the registry to list the matter on 30.06.2023 under the caption 'for dismissal'. Today also, there is no representation for the appellant. The appeal is in the year 2003. Despite sufficient opportunity given to the appellant, the appellant has not come forward to prosecute the appeal. Therefore, this Second Appeal is dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry. In case the appellant has filed any application to restore the appeal, Registry is directed not to

take the application on file unless the appellant deposit the said amount imposed by this Court.

Index : Yes / No Speaking Order : Yes / No 30.06.2023 am To 1.The Principal District Court, Thanjavur.

2.The District Munsif Court, Thiruvaiyaru,

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

P.VELMURUGAN, J.

am S.A.No.1981 of 2003 30.06.2023