Pitchaimuthu vs The Executive Officer
2023 Latest Caselaw 4009 Mad

                                                                          S.A.(MD)No.188 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 10.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               S.A.(MD)No.188 of 2023
                                                        and
                                              C.M.P.(MD)No.4088 of 2023

                     1.Pitchaimuthu
                     2.Vasudevan                                           ... Appellants

                                                         /Vs./

                     The Executive Officer,
                     Selection Grade Panchayat,
                     Kallidaikurichi,
                     Tirunelveli District.                                 ... Respondent

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.44 of 2017,
                     on the file of the Sub Court, Ambasamudram, dated 29.11.2022 by
                     confirming the judgment and decree passed in O.S.No.59 of 2011 on the
                     file of the District Munsif Court, Ambasamudram, dated 27.07.2017.


                                      For Appellants   : No appearance




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.188 of 2023

                                                         JUDGMENT

This matter is listed under the caption ‘For Dismissal’ today. There

is no representation on the side of the appellants once again.

2. This matter is listed before me for the third time. On

30.03.2023, after having observed by this Court based on a prima facie

consideration that this Second Appeal cannot be admitted in view of

Section 14 of the Tamil Nadu Land Encroachment Act, 1905, which

provides for a specific bar of jurisdiction of civil Courts with regard to

any proceedings initiated under the Tamil Nadu Land Encroachment Act,

1905, this matter was adjourned to 05.04.2023.

3. When the matter was listed on 05.04.2023, the learned counsel

appearing for the appellants sought further time to produce the

authorities. On his request, this matter was adjourned to 10.04.2023, ie.,

today, but however, this Court directed the Registry to list the matter

under the caption 'For Dismissal'.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.188 of 2023

4. As directed by this Court, this matter is listed under the caption

'For Dismissal' today. However, 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. Accordingly, this Second

Appeal is dismissed for non-prosecution. There shall be no order as to

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                    10.04.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm



                     TO:

                     1.The Sub Court, Ambasamudram.

2.The District Munsif Court, Ambasamudram.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.188 of 2023

ABDUL QUDDHOSE, J.

Sm

Judgment made in S.A.(MD)No.188 of 2023

Dated:

10.04.2023

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