P.Thenmozhi vs S.Kathiravan
2023 Latest Caselaw 5898 Mad

                                                                        S.A.(MD)No.233 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 09.06.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             S.A.(MD)No.233 of 2023
                                                      and
                                            C.M.P.(MD)No.4998 of 2023


                     P.Thenmozhi                                         ... Appellant

                                                        /Vs./

                     1.S.Kathiravan
                     2.The Assistant Electrical Engineer,
                       Tamil Nadu Electricity Board,
                       Keeeranur South,
                       Kulathur Taluk,
                       Pudukkottai District.

                     3.The Executive Engineer,
                       Tamil Nadu Electricity Board,
                       Keeeranur South,
                       Kulathur Taluk,
                       Pudukkottai District.

                     4.The Supervising Engineer,
                       Tamil Nadu Electricity Board,
                       Pudukkottai District.                             ... Respondents



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https://www.mhc.tn.gov.in/judis
                                                                                   S.A.(MD)No.233 of 2023




                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code to set aside the judgment and decree passed in A.S.No.20 of 2017,
                     on the file of the Principal District Court, Pudukkottai dated 17.12.2019
                     partly allowed but confirming the judgment and decree passed in O.S.No.
                     3 of 2006 on the file of the Subordinate Court, Pudukkottai dated
                     15.09.2017 in respect of first item of suit schedule property and allow the
                     Second Appeal.


                                        For Appellant      : No appearance
                                        For Respondents : Mr.N.Balakrishnan (R1)




                                                         JUDGMENT

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

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

2. Even on the last hearing date, ie., on 02.06.2023, when the

matter was listed before me for the third time, there was no

representation on the side of the appellant and that is the reason for

posting the matter for dismissal today.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.233 of 2023

3. As seen from the earlier proceedings also, the learned counsel

appearing for the appellant has been repeatedly seeking adjournments.

The learned counsel appearing for the first respondent is present. It can

now be inferred that the appellant is 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.

                                                                                 09.06.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm

                     TO:

1.The Principal District Court, Pudukkottai.

2.The Subordinate Court, Pudukkottai.

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.233 of 2023

ABDUL QUDDHOSE, J.

Sm

Judgment made in S.A.(MD)No.233 of 2023

Dated:

09.06.2023

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