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Madras High CourtSA/553/2003dismissed for default

M/S.New Ambadi Estates Pvt v. The State Of Tamil Nadu

2023-04-13Honourable Mr Justice P.Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.Nos.553, 697 and 698 of 2003 C.M.PNos.6636 to 6639 and 4869 of 2003 M/s.New Ambadi Estates Pvt Ltd., rep by its Manager authorised AGent ....Plaintiff/Appellant/ Appellant in all S.As -VsThe State of Tamil Nadu, represented by The Collector, Nagercoil.

...Defendant/Respondent/ Respondent in all S.As PRAYER in S.A.No.553 of 2003: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 25.11.2002 passed in A.S.No.66 of 2001 by the Principal District Judge, Kanyakumari District, Nagercoil, confirming the judgment and decree dated 21.03.2001 passed in O.S.No.25 of 1979 by the Subordinate Court, Kuzhithurai.

PRAYER in S.A.No.697 of 2003: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 14.01.2003 passed in A.S.No.57 of 2002 by the Additional District Judge, Kanyakumari District, Nagercoil, confirming the judgment and decree dated 25.02.2002 passed in O.S.No.127 of 1992 by the Subordinate Court, Padmanabapuram.

PRAYER in S.A.No.698 of 2003: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 14.01.2003 passed in A.S.No.58 of 2002 by the Additional District Judge, Kanyakumari District, Nagercoil, confirming the judgment and decree dated 25.02.2002 passed in O.S.No.16 of 1996 by the Subordinate Judge, Padmanabapuram.

For Appellant : Mr.Sureshkumar in all S.As for M/s.S.Thankasivan For Respondent : Mr.A.Kannan in all S.As Additional Government Pleader

COMMON JUDGMENT When these second appeals are taken up for hearing today, the learned counsel appearing for the appellant appeared and seeks adjournment. The second appeal is pending from the year 2003 and despite sufficient opportunity was given to the appellant, he is not ready to proceed with the appeal.

2.In view of the above, these Second appeals are dismissed for default with cost of Rs.1,00,000/-(Rupees One Lakh only) to be paid before the Registry (Judicial). In case, the appellant files an application for restoration, the Registry shall not take the application for restoration on file, unless he deposits the cost of Rs.1,00,000/-. Consequently, connected C.M.Ps are closed.

13.04.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No

To 1.The Principal District Judge, Kanyakumari District, Nagercoil.

2.The Additional District Judge, Kanyakumari District, Nagercoil.

3.The Subordinate Judge, Padmanabapuram.

4.The Subordinate Court, Kuzhithurai.

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

P.VELMURUGAN ,J.

Ns S.A.Nos.553, 697 and 698 of 2003 C.M.PNos.6636 to 6639 and 4869 of 2003 13.04.2023