Marimuthu vs State Of Tamil Nadu
2021 Latest Caselaw 14712 Mad

                                                                                S.A. No.660 of 2003

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 22.07.2021

                                                          CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                  S.A. No.660 of 2003 &
                                                  CMP.No.6299 of 2003

                     1.Marimuthu
                     2.Meenatchi
                     3.M.Poongavanam                                      ...      Appellants

                                                            Vs

                     1.State of Tamil Nadu
                       rep. by District Collector,
                       Villupuram District,
                       Villupuram.

                     2.The Revenue Divisional Officer,
                       Jeckkampettai,
                       Tindivanam

                     3.The Tahsildar,
                       Jawaharlal Nehru Street,
                       Tindivanam

                     4. Veeraraghavan
                     5.Ramakrishnan
                     6.Perumal
                     7.Govindaraju                                        ...    Respondents



                     1/4



https://www.mhc.tn.gov.in/judis/
                                                                                      S.A. No.660 of 2003

                     PRAYER: Second Appeal filed under Section 100 C.P.C. against the
                     Judgment and Decree in A.S.No.60 of 2002 on the file of the Additional
                     District (Fast Track Court No.I) Judge at Tindivanam dated 30.10.2002,
                     confirming the Judgment and Decree in O.S.No.439 of 1992 on the file of
                     the Principal District Munsif at Tindivanam, dated 28.04.1998.


                                     For Appellants          : Ms.N.Mala
                                     For Respondents 1 to 3 : Dr.S.Suriya, Government Advocate
                                     For R4 to R7            : Not ready in Notice
                                           R5 - Died (Steps due)

                                                        JUDGMENT

This Court has been repeatedly granting adjournments in this matter

to enable the Appellants to take steps to serve notice on R4 to R7 as well as

to take steps to bring on record the legal representatives of the deceased R5.

Infact, on the last hearing date, i.e., on 29.06.2021, this Court had made it

clear that if steps are not taken to serve notice on R4 to R7 and if steps are

not taken to bring on record the legal representatives of the deceased R5, the

second appeal shall stand automatically dismissed for non-prosecution.

2. Admittedly till date, steps have not been taken by the Appellants to

serve notice on R4 to R7 as well as to bring on record the legal

https://www.mhc.tn.gov.in/judis/ S.A. No.660 of 2003

representatives of the deceased R5. The second appeal is of the year 2003.

It can now be inferred that the Appellants are not interested in prosecuting

this second appeal. In accordance with the order of this Court dated

29.06.2021, this Second Appeal shall stand dismissed for non-prosecution.

No costs. Consequently, connected miscellaneous petition is closed.

22.07.2021 nl

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

To

1. The Additional District (Fast Track Court No.I) Judge at Tindivanam

2. The Principal District Munsif at Tindivanam

https://www.mhc.tn.gov.in/judis/ S.A. No.660 of 2003

ABDUL QUDDHOSE, J.

nl

S.A. No.660 of 2003

22.07.2021

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