Junior Engineer vs R.Jothi
2021 Latest Caselaw 13046 Mad

                                                                                     S.A.No.248 of 2006

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 02.07.2021

                                                        CORAM
                             THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
                                                    S.A.No.248 of 2006
                                           And Connected Miscellaneous petitions
                1.Junior Engineer
                  Tamil Nadu Electricity Board,
                  Veeraperumanallur.

                2.Superintending Engineer,
                  Tamil Nadu Electricity Board,
                  Cuddalore.                                              ... Appellants
                                                            Vs.

                1.R.Jothi
                2.The Government of Tamil Nadu,
                  rep. By District Collector,
                  Cuddalore District.                                    ... Respondents

                PRAYER: Second Appeal filed under Section 100 of the Code of Civil
                Procedure seeking to set aside the judgment and decree dated 23.09.2004 made
                in A.S.No.13 of 2004 passed by Sub Court, Panruti reversing the judgement
                and decree dated 31.03.2003 made in O.S.No.57 of 1999 passed by the District
                Munsif Court, Panruti.
                                   For Appellants            : No appearance
                                   For R1                    : died
                                   For R2                    : Dr.S.Suriya,
                                                               Government Advocate (CS)




https://www.mhc.tn.gov.in/judis/
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                                                                                       S.A.No.248 of 2006

                                                          ORDER

This Court by its order dated 23.06.2021, had made it clear that if

steps are not taken to bring on record the legal representatives of the deceased

1st respondent before the next hearing date, this Second Appeal shall stand

either be disposed of on merits or disposed of on the ground of non

prosecution. However, there is no representation on the side of the appellants.

2. Dr.S.Surya, the learned Counsel for the respondents 3 and 4 is

present.

3. Since, there is no representation on the side of the appellants, it

can now be inferred that the appellants are not interested in prosecuting the

Second Appeal.

4. Accordingly, this Second Appeal is dismissed for non prosecution.

No costs. Consequently, connected miscellaneous petition is closed, if any.

                                                                                             02.07.2021
                ksa-2
                Index       : Yes / No
                Internet  : Yes / No

Speaking/Non-speaking orders

To

1.The Sub Court, Panruti

2.The District Munsif Court, Panruti.

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

S.A.No.248 of 2006

ABDUL QUDDHOSE, J.

ksa-2

S.A.No.248 of 2006

02.07.2021

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