S.S.M.Mohamed Mathinathu Habila ... vs State Of Tamil Nadu
2023 Latest Caselaw 4993 Mad

                                                                              S.A.No.1200 of 2003

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 28.04.2023

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                             S.A.No.1200 of 2003
                                                     and
                                            C.M.P.No.10308 of 2003


                 S.S.M.Mohamed Mathinathu Habila Banu ...Plaintiff/Respondent/Appellant

                                                      -Vs-
                 1.State of Tamil Nadu,
                   through its Ramanathapuram
                   District Collector,
                   Ramanathapuram.

                 2.The Executive Officer,
                   Selection Grade Town
                   Panchayat,
                   Keelakarai.                       ...Defendants/Appellants/Respondents


                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the judgment and decree of the learned Principal District Judge,
                 Ramanathapuram, dated 08.01.2003 passed in A.S.No.30 of 2002 allowing the
                 appeal by setting aside the Decree and Judgment of the Additional District
                 Munsif, Ramanathapuram in O.S.No.160 of 1997, dated 21.12.2001.


                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.1200 of 2003




                                          For Appellant     : No appearance
                                          For R1            : Mr.A.Kannan
                                                              Additional Government Pleader




                                                          JUDGMENT

When the matter was taken up for hearing on 25.04.2023,

Mr.T.R.Jeyapalam, learned counsel for the appellant submitted that he has filed a

Memo dated 17.04.2023 reporting 'no instruction'.

2. Hence, this Court directed the Registry to remove the name of the

counsel for the appellant and print the name of the appellant. The matter was

directed to be listed today under the caption for dismissal. Today also, there is no

representation for the appellant. The appeal is in the year 2003. Despite sufficient

opportunity given to the appellant, the appellant has not come forward to

prosecute the appeal. Therefore, this Second Appeal is dismissed for non-

prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the

appellant to the Registry. In case the appellant has filed any application to restore

https://www.mhc.tn.gov.in/judis S.A.No.1200 of 2003

the appeal, Registry is directed not to take the application on file unless the

appellant deposits the said amount imposed by this Court. Consequently,

connected miscellaneous petition is closed.

                                                                               28.04.2023

                 NCC      : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 am


                 To

1.The Principal District Court, Ramanathapuram.

2.The Additional District Munsif, Ramanathapuram.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1200 of 2003

P.VELMURUGAN, J.

am

S.A.No.1200 of 2003

28.04.2023

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