Citation : 2023 Latest Caselaw 12344 Mad
Judgement Date : 12 September, 2023
S.A.No.2126 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.No.2126 of 2003
and
M.P.No.19804 of 2003
Arulmigu Thirumalai Kumaraswamy Thirukkoil,
Panpoli, rep. by its Executive Officer,
Panpoli, Tirunelveli District. ... Appellant / Appellant / Plaintiff
-Vs-
1.State of Tamil Nadu,
rep. by District Collector,
Tirunelveli District,
Having his Office at Kokkirakulam,
Tirunelveli.
2.The Tahsildar,
Taluk Office,
Shencottah, Having its Office at Shencottah.
3.Ganapathy Thevar (died)
4.Periasamy
5.Sendurpandian
6.Sudalaiyandi Thevar
7.P.A.Syed Umar
8.R.Ramakrishna Naidu
9.Gomathiammal
10.A.P.Arumugham
11.Ayyappan
12.Sivarama Sundaram
1/4
https://www.mhc.tn.gov.in/judis
S.A.No.2126 of 2003
13.Vellaiammal
14.Minor Maheswari
15.Minor Rajeswari ...Respondents 1 to 15 / Respondents / Defendants
16.Subbulakshmi
17.Shanmugalakshmi
18.Mari
19.Swarnam
20.Mahendra Boopathy
21.Sutha
22.Santhosam ... Respondents 16 to 22
(Minor Respondents 14 and 15 are represented by Court guardian, Selvi Thirumal
Vadivu, Advocate, Tenkasi.)
(Memo dated 26.04.2023 is recorded and Respondents 16 to 22 are suo-motu
impleaded as LRS of the deceased 3rd respondent vide Court order dated
21.07.2023 in S.A.No.2126 of 2003)
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
Procedure to set aside the judgment and decree of the learned Additional
Subordinate Judge, Tenkasi, dated 26.04.2001 made in A.S.No.57 of 1998,
confirming the judgment and decree of the learned District Munsif, Shencottah,
dated 18.02.1998 made in O.S.No.50 of 1995.
For Appellant : Mr.K.Sreekumaran Nair
For R1 & R2 : Mr.A.Baskaran,
Additional Government Pleader
For R3 to R6 &
R16 to R22 : Mr.M.P.Senthil
For R7 : Mr.M.Thirunavukkarasu
2/4
https://www.mhc.tn.gov.in/judis
S.A.No.2126 of 2003
JUDGMENT
Today, when the matter is taken up for hearing, the learned counsel for
the appellant reported 'no instructions'. It shows that the appellant is not
interested in pursuing this appeal. Therefore, this Court has no other option
except to dismiss this appeal for non-prosecution. Accordingly, this Second
Appeal stands dismissed for non-prosecution. No costs. Consequently,
connected miscellaneous petition is closed.
12.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Additional Subordinate Judge, Tenkasi.
2.The District Munsif, Shencottah.
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis S.A.No.2126 of 2003
KRISHNAN RAMASAMY, J.
Yuva
S.A.No.2126 of 2003
12.09.2023
https://www.mhc.tn.gov.in/judis
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