Santhanam S/O.Savarimuthu Nada v. Arockiam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.No.13128 of 2004 Santhanam ... Appellant/Appellant/Plaintiff Vs.

1.Arockiam 2.Government of Tamilnadu, Rep., by its District Collector, PMT District, Sivaganga.

... Respondents/Respondents/ Defendants Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 10.03.1998 passed in A.S.No.55 of 1997 on the file of the Sub Court, Sivaganga, confirming the judgment and decree dated 20.02.1997 passed in O.S.No.84 of 1996 on the file of the Principal District Munsif Court, Sivaganga.

For Appellant :

No appearance

For Respondent-1 :

Mr.S.Madhavan For Respondent-2 :

Mr.V.Om Prakash Government Advocate

JUDGMENT

This Court, having taken note of the submission made by the learned counsel for the appellant that the appellant has taken away the bundle from him, ordered notice to the appellant. The notice issued by this Court was served on the appellant as early as on 04.02.2017. In spite of the same, neither the appellant appeared in person, nor engaged counsel. In the circumstances, this Court is left with no other option, except to dismiss the second appeal for non-prosecution.

2. Accordingly, this Second Appeal is dismissed for nonprosecution. However, there shall be no order as to costs. Consequently, connected miscellaneous petition, if any, shall stand closed. 09.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To 1.The Subordinate Judge, Sivaganga.

2.The Principal District Munsif, Sivaganga.

3.The District Collector, Sivaganga.

MUMMINENI SUDHEER KUMAR, J.

ABR 09.02.2024