Chokkammal vs Adimoolam
2022 Latest Caselaw 7600 Mad

                                                                          S.A.Nos. 161 & 163 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 11.04.2022

                                                        CORAM:
                                   THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
                                             S.A. Nos.161 & 163 of 2020
                                         and C.M.P. Nos.3420 & 3440 of 2020

                  S.A. No.161 of 2020
                  and C.M.P. Nos.3420 of 2020

                  Chokkammal                                                           .. Appellant
                                                            Vs.

                  1. Adimoolam
                  2. The Commissioner,
                     Arakkonam Municipality,
                     Arakkonam, Vellore District.

                  3. D.N.Govindan
                  4. D.N.Srinivasan
                  5. Manoharan                                                     .. Respondents

Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, to set aside the judgment and decree of dismissal made in O.S. No.345 of 1989 dated 28.11.2014 on the file of District Munsif, Arakkonam and confirmed the same in A.S. No.8 of 2015 dated 07.03.2019 by the learned Subordinate Judge, Arakkonam, and allow the suit in O.S. No.345 of 1989.

For Appellant : No appearance For Respondents : Mr. J.Shanmuga Sundara Babu for R1 : Mr. P.Harish, Government Advocate (C.S.) for R2 https://www.mhc.tn.gov.in/judis

S.A.Nos. 161 & 163 of 2020

S.A. No.163 of 2020 and C.M.P. Nos.3440 of 2020

Chokkammal .. Appellant Vs.

1. The Arakkonam Municipality, represented by its Commissioner.

2. Adimoolam Mohanarangam (Died)

3. Manoharan

4. Loganathan

5. Govindan

6. Srinivasan .. Respondents

Second Appeal is filed under Section 100 of Civil Procedure Code,

1908, to set aside the judgment and decree of dismissal made in A.S. No.41

of 2015 dated 07.03.2019 by the learned Subordinate Judge, Arakkonam,

and reversing the dismissal order made in O.S. No.289 of 1986 dated

28.11.2014 by the learned District Munsif, Arakkonam and consequently to

allow the above second appeal.

For Appellant : No appearance For Respondents : Mr. P.Harish, Government Advocate (C.S.) for R1 : Mr. J.Shanmuga Sundara Babu for R2

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

S.A.Nos. 161 & 163 of 2020

COMMON JUDGMENT When these cases were listed earlier on 06.04.2022 there was no

representation for the appellant. Hence, this Court directed the Registry to

list the cases under the caption “For dismissal” on 11.04.2022. Though the

appeal is listed today under the caption “For dismissal” and the name of

appellant's counsel is printed in the cause list, there is no representation on

behalf of the appellant. Hence, this Court has no other option but to dismiss

the appeals for non-prosecution.

2. Accordingly, these Second Appeals stands dismissed for non-

prosecution. No costs. Consequently, connected miscellaneous petitions are

closed.

11.04.2022

bkn Index: Yes / No Speaking order / Non-speaking order

To:

1. The District Munsif, Arakkonam.

2. The Subordinate Judge, Arakkonam.

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

S.A.Nos. 161 & 163 of 2020

S.S.SUNDAR, J.,

bkn

S.A. Nos.161 & 163 of 2020

11.04.2022

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