A.P.Subramanian vs Tamil Nadu Electricity Board
2024 Latest Caselaw 2126 Mad

Madras High Court

A.P.Subramanian vs Tamil Nadu Electricity Board on 1 February, 2024

                                                                    SA.No.1058 of 2000


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.02.2024

                                                      CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                              SA.No.1058 of 2000


                    A.P.Subramanian                                : Appellant

                                                       -vs-

                    1.Tamil Nadu Electricity Board,
                    by its Superintending Engineer,
                    Tamil Nadu Electricity Board,
                    Distribution Circle South,
                    Trichy – 20.

                    2.Tamil Nadu Electricity Board,
                    by its Executive Engineer,
                    Tamil Nadu Electricity Board,
                    (Operation) and Maintenance,
                    Karur.

                    3.Assistant Executive Engineer,
                    (Operation and Maintenance)
                    Tamil Nadu Electricity Board,
                    Chinnatharapuram Town,
                    Karur Taluk.

                    4.Junior Engineer (Rural),
                    Tamil Nadu Electricity Board,
                    Chinnatharapuram Town,
                    Karur Taluk.                                   : Respondents


                   1
https://www.mhc.tn.gov.in/judis
                                                                                SA.No.1058 of 2000


                    PRAYER: The Second Appeal is filed under Section 100 C.P.C to set

                    aside the Judgment and Decree, dated 09.06.2000 in A.S.No.104 of 1999

                    on the file of the Additional District Judge – Cum – Judicial Magistrate,,

                    Karur and against the Judgment and decree dated 21.01.1997 in O.S.No.96

                    of 1994 on the file of the Court of the District Munsif, Karur.



                                  For Appellant           :      No appearance

                                  For respondents         :      No appearance


                                                      JUDGMENT

This appeal was earlier dismissed for non prosecution on

10.12.2008 and the same was restored on 13.11.2017. Thereafter, once

again the Second Appeal was dismissed for default on 18.11.2021.

However, the same was restored once again by order, dated 19.10.2023 and

thereafter, the matter was listed on 02.01.2024. On that day, at the request

of the appellant counsel the matter was finally posted to 08.01.2024. Once

again, a request was made for adjournment on 08.01.2024 and the same

was listed on 10.01.2024. There was no representation on either side on

10.01.2024 and hence, the matter was directed to be listed today i.e., on

31.01.2024 under the caption “for dismissal”. In spite of the matter being

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

listed today, under the caption for dismissal there is no representation for

the appellant once again.

2. The Second Appeal was filed by the plaintiff aggrieved by the

concurrent findings recorded by the Courts below. The appeal was already

dismissed for non prosecution twice and the matter was restored, but the

appellants are not interested in pursuing the matter on merits.

3. In the circumstances, this Court is left with no other option

except to dismiss this appal for non prosecution once again. Accordingly,

this Second Appeal is dismissed for non prosecution. No costs.

                                                                                       01.02.2024

                    Internet : Yes / No
                    Index    : Yes / No
                    trp

                    To

1. The Additional District Judge – Cum – Judicial Magistrate,, Karur

2. The District Munsif, Karur.

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

MUMMINENI SUDHEER KUMAR. J.

trp

01.02.2024

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