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Nanja Edayar Farmers Association vs K.P.Kandasamy (Died)
2021 Latest Caselaw 16082 Mad

Citation : 2021 Latest Caselaw 16082 Mad
Judgement Date : 6 August, 2021

Madras High Court
Nanja Edayar Farmers Association vs K.P.Kandasamy (Died) on 6 August, 2021
                                                                           S.A.Nos.164 and 165 of 2005

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 06.08.2021

                                                      CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                             S.A.Nos.164 and 165 of 2005

                     S.A.No.164 of 2005

                     Nanja Edayar Farmers Association,
                     Nanjai Edayar by its President                             ..... Appellant

                                                          vs

                     1.K.P.Kandasamy (died)

                     2.Neuchezhian
                     3.Elango
                       (R.2 and R.3 are recorded as LRs of the
                        deceased first respondent vide order dated
                        15.11.2019 made in SA Nos.164 & 165 of
                        2005 as per Memo dated 15.11.2019).

                     4.The Collector rep by
                       The Tamil Nadu Government,
                       Salem.

                     5. The Tahsildar,
                        President,
                        Irrigation Vigilance Committee,
                        Namakkal.

                     6. The Executive Engineer (PWD),
                        Cauvery River Basin, Trichy.


https://www.mhc.tn.gov.in/judis/
                     1/4
                                                                          S.A.Nos.164 and 165 of 2005

                     7. The Chairman,
                        TNEB, Anna Nagar, Chennai                              .... Respondents

                     S.A No.165 of 2005

                     Nanjai Edayar Agriculturists Association
                     by its Panchayat                                          .... Appellant

                                                           vs

                     1.K.P.Kandasamy (deceased)

                     2.Elango
                     3.Dr.Nedunchezhian
                      (R.2 and R.3 are recorded as LRs of the
                       deceased first respondent vide order dated
                       15.11.2019 made in SA Nos.164 & 165 of
                       2005 as per Memo dated 15.11.2019).

                     4. The Assistant Engineer,
                        TNEB, Vellur, Namakkal District.

                     5. The Executive Engineer, TNEB,
                        Velur, Namakkal District.

                     6. The Chairman,
                        TNEB, Anna Salai, Chennai                              ... Respondents

                     S.A.No.164 of 2005:

                                   Second   Appeal filed under Section 100 of CPC against the
                     Judgment and Decree of the learned (Additional District Judge) cum Fast
                     Track Court No.3 at Namakkal in A.S. No.396 of 2002 dated 12.03.2004
                     in reversing the judgment and decree of the learned District Judicial
                     Magistrate, Paramathi in O.S. No.63 of 1995 dated 28.10.1997.


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                     2/4
                                                                            S.A.Nos.164 and 165 of 2005

                     S.A No.165 of 2005.

                                   Second   Appeal filed under Section 100 of CPC against the
                     Judgment and Decree of the learned (Additional District Judge) cum Fast
                     Track Court No.3 at Namakkal in A.S. No.408 of 2002 dated 12.03.2004
                     in reversing the judgment and decree of the learned District Munsif cum
                     Judicial Magistrate, Paramathi in O.S. No.36 of 1995 dated 28.10.1997.

                               For Appellant in both
                               the appeals              : No Appearance


                                                  COMMON JUDGMENT


                               The matter is listed under the caption "for dismissal" today. There

                     is no representation on the side of the appellant today.



                               2. Learned counsel for the respondents 2 and 3 have already filed

                     their written submissions.



                               3. Even on the last hearing date i.e., on 19.07.2021, this Court

                     recorded the fact that the learned counsel for the appellant has been

                     seeking repeated adjournments in this matter.




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                     3/4
                                                                            S.A.Nos.164 and 165 of 2005

                                                                   ABDUL QUDDHOSE, J.

sr

4. Second Appeals are of the year 2005. There is no representation

on the side of the appellant. Therefore, it can now be inferred that the

appellant is not interested to prosecute these Second Appeals.

Accordingly, the Second Appeals are dismissed for non prosecution. No

costs.

06.08.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order sr

To

1. (Additional District Judge) cum Fast Track Court No.3 at Namakkal

2. The District Munsif cum Judicial Magistrate, Paramathi

S.A.Nos.164 and 165 of 2005

https://www.mhc.tn.gov.in/judis/

 
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