This appeal suit was filed under Section 54 of the Land Acquisition Act. The court held that since the appeal against the first respondent was dismissed for default, the matter had already abated. Consequently, the court disposed of the appeal suit by dismissing it without further adjudication.
The appeal suit is dismissed. No costs.
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.
A.S(MD).No. 58 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020 CORAM:
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ A.S.(MD).No. 58 of 2015
The Special Tahsildar (L.A)., South Neighbourhood Scheme, Unit - II, Madurai-20. : Appellant /Referring Officer
Vs.
1.K.H. Sankara Narayanan
2.The Tamil Nadu Housing Board Scheme, rep. by its Executive Engineer and Administrative Officer, Madurai – 20.
: Respondents/Claimants
Prayer: Appeal Suit is filed under Section 54 of the Land Acquisition Act, against the Judgment and Decree of the learned I Additional Subordinate Judge, Madurai made in LAOP.No.33 of 1990, dated 26.02.1993.
For appellant : Mr. J. Gunaseelan Muthiah Additional Government Pleader For 1st respondent : Dismissed for default Vide order dated 24.01.2019 For 2nd respondent : No appearance
JUDGMENT
This Appeal Suit is filed against the Judgment and Decree of the learned I Additional Subordinate Judge,Madurai, made in L.A.O.P.No.33 of 1990, dated 26.02.1993.
Assistant Registrar (CS-I)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
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A.S(MD).No. 58 of 2015
trp
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
Copy to
The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai (2 copies)
+1 CC to SPL GP ( SR-19586[F] dated 09/10/2020 )
A.S.(MD).No. 58 of 2015 08.10.2020
VB (16.10.2020) 2P 6C
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2 issues framed by the court
Whether the appeal suit survives adjudication when the appeal has already been abated by default.
Whether the dismissed appeal suit requires merits-based adjudication.
The Special Tahsildar (L.A)., South Neighbourhood Scheme, Unit - II, Madurai-20
K.H. Sankara Narayanan
The Tamil Nadu Housing Board Scheme
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
