The High Court dismissed a second appeal for non-prosecution as the appellant was absent when summoned and failed to attend the hearing, despite previous opportunities to do so.
Second appeal dismissed for non-prosecution with costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:16.04.2018
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
S.A.No.736 of 2004 and C.M.P.No.5797 of 2004
P.Govinda Reddiar ... Appellant/Plaintiff/Appellant
Vs.
1.The Taluk Exercise Officer,
Tiruvallur Taluk,
Tiruvallur Taluk Office,
Tiruvallur District.
2.The District Collector,
Tiruvallur District. .. Respondents/Defendants/Respondents
Prayer:
Second Appeal filed under Section 100 of C.P.C., against
the decree and judgment dated 29.11.2002 made in A.S.No.11 of
2001 on the file of the Subordinate Court, Tiruvallur and by
confirming the judgment and decree dated 29.12.2000 made in
O.S.No.236 of 1992 on the file of the District Munsif Court,
Tiruvallur.
For Appellant : No appearance
For Respondents : M/s.A.Madhumathi
AGP (CS)
J U D G M E N T
Learned counsel for the respondents present.
2.No representation for the appellant. Appellant called absent.
3.On a perusal of the record, it is found that on earlier occasion, when there was no representation for the appellant and
the appellant being called, and remaining absent, Registry was ordered to list the matter under the caption “for dismissal” and thereafter, the appellant's counsel had been taking adjournments for making submissions and despite the indulgence of the Court, the appellant's counsel is not ready to make the submissions.
4.Today, when the matter is called, there is no representation for the appellant and the appellant called, absent as above adverted to, in such view of the matter, the appellant is found not interested in prosecuting the second appeal.
5.For the reasons afore stated, the second appeal is
dismissed for non-prosecution with costs. Consequently,
connected miscellaneous petition, if any, is closed.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1.The Subordinate Judge,
Tiruvallur .
2.The District Munsif,
Tiruvallur.
3.The Section Officer,
VR Section,
High Court,
Madras-104(2 copies)
4.The Taluk Exercise Officer,
Tiruvallur Taluk,
Tiruvallur Taluk Office,
Tiruvallur District.
5.The District Collector, Tiruvallur District.
+1cc to Mr.A.R.Suresh, Advocate sr.no.28682
+1cc to Special government Pleader(CS) in sr.no.28234
S.A.No.736 of 2004
kgk(co) nr 07/06/2018
P. Govinda Reddiar
The Taluk Exercise Officer, Tiruvallur Taluk
The District Collector, Tiruvallur District
Mr. Justice T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
