Arulmary vs Thanjavur Corporation
2024 Latest Caselaw 20553 Mad

Madras High Court

Arulmary vs Thanjavur Corporation on 29 October, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                              S.A(MD)No.289 of 2006


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 29.10.2024

                                                  CORAM

                    THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                         S.A(MD)No.289 of 2006
                                                 and
                                       C.M.P(MD)No.10976 of 2024


                1.Arulmary
                2.Andru Rayaman
                3.A.Robert                       ... Plaintiffs 1 to 3/ respondents/ 1 to 3/
                                                                    Appellants

                                                 Vs.

                1.Thanjavur Corporation,
                  represented by its Commissioner,
                  having his office at Gandhiji Road,
                  Thanjavur Town.

                2.Natchathira Nagar Kudi Iruppu Sangam,
                  represented by its President,
                  23, Rajeswari Nagar,
                  Pudukkottai Road,
                  Thanjavur.

                3.Natchathira Nagar Kudi Iruppu Sangam,
                  represented by its Secretary,
                  residing at No.182,
                  Natchathira Nagar,
                  Pudukkottai Road,
                  Thanjavur.                    ... Defendants 1 to 3/Appellants 1 to 3/
                                                           Respondents



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


                1/4
                                                                                    S.A(MD)No.289 of 2006




                Prayer: Second Appeal filed under Section 100 of the Code of Civil
                Procedure against the decree and judgment passed in A.S.No.43/2004 on the
                file of the Principal District Court, Thanjavur dated 18.11.2004 reversing the
                decree and judgment passed in O.S.No.469 of 1997, dated 30.04.2001, on the
                file of the District Munsif Court, Thanjavur.


                                  For Appellants               : No appearance
                                  For R1                       : Mr.V.Ragupathy
                                  For R2 & R3                  : Mr.T.R.Rajaraman


                                                       JUDGMENT

When the matter was taken up for hearing on 28.10.2024, the

learned counsel appearing for the appellants has filed a memo before the

Registry stating that the appellants did not co-operate for conducting the case

and the case bundle along with consent vakalat has been sent to the

appellants and hence, reported no instruction. Therefore, this Court directed

the Registry to print the name of the appellants in the cause list and post the

matter on 29.10.2024 'for dismissal'.

2. Today, when the matter is taken up for hearing, even though the

name of the appellants have been printed in the cause list, there is no

representation on behalf of the appellants and the same clearly indicates that https://www.mhc.tn.gov.in/judis

the appellants have not shown any interest to prosecute the appeal any

further. Hence, the Second Appeal is dismissed for non-prosecution. No

costs.

                                                                               29.10.2024
                NCC               : Yes/No
                Index             : Yes/No
                am




                To

1.The Principal District Court, Thanjavur.

2.The District Munsif Court, Thanjavur.

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

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

V.BHAVANI SUBBAROYAN, J.

am

Judgment made in

29.10.2024

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