Civil Miscellaneous Petitions seeking restoration of Second Appeals dismissed for non-prosecution; the petitions were posted for notice in default cases and dismissed because Government Advocate failed to file batta and affidavit copies within four weeks as directed.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
(Civil Appellate Jurisdiction)
Thursday the Twenty Third day of January Two Thousand Twenty Five PRESENT
The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD)Nos.8051 and 8048 of 2023 IN
SA(MD)Nos.139 and 140 of 2017
1.The District Collector,
Nagercoil, Kanniyakumari District.
2.The Tahsildar,
Vilavancode Taluk,
Kanniyakumari District.
...1st and 2nd Petitioners in CMP(MD)Nos. 8051 and 8048/ 2023
3.The Village Administrative Officer,
Palugal Post, Kanniyakumari District.
...3rd Petitioner in CMP(MD). 8051/ 2023
1.Nagappan Nair
2.Sudhakaran Nair ... Respondents in CMP(MD)Nos. 8051 and 8048/ 2023
Prayer in CMP(MD).8051/2023 in SA(MD)No.139/2017 :
To set aside the order dated 14-06-2023 restore the above SA(MD).No. 139 of
2017 on the file of this Honourable Court which was dismissal for no.-prosecution
and pass such further or other orders as this Honourable Court may deem fit and
proper in the circumstances of the case and thus render justice.
Prayer in CMP(MD).8048/2023 in SA(MD)No.140/2017 :
To set aside the order dated 14-06-2023 restore the above SA(MD).No. 140 of 2017 on the file of this Honourable Court which was dismissal for no.-prosecution and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.
Prayer in SA(MD)No.139/2017
Second Appeals are filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 26.04.2011 passed in A.S.No.27 of 2009 on the file of the Subaordinate Court Kuzhithurai, reversing the judgment and decree dated 31.07.2009 made in O.S.No.333 of 2000 on the file of the II Additional District Munsif Court, Kuzhithurai.
Prayer in SA(MD)No.140/2017
Second Appeals are filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 26.04.2011 passed in A.S.No.28 of 2009 on the file of the Subaordinate Court Kuzhithurai, reversing the judgment and decree dated 31.07.2009 made in O.S.No.264 of 2002 on the file of the II Additional District Munsif Court, Kuzhithurai.
ORDER:
These Civil Miscellaneous Petition having been posted for orders on the caption “Notice Section Default Cases” on this day for not filed batta with petition and affidavit copies due regarding Respondents, in the presence of M/S.Government Advocate for the Appellants and this Court having granted four weeks time,as condition precedent, the said Advocate not having complied with the said direction of this Court, it is ordered that these Second Appeals do stand dismissed against the Respondents.
Sd/-
Assistant Registrar(CO)
// True Copy //
/ /2025 Sub Assistant Registrar (CS- I/ II / III / IV)
TO
https://www.mhc.tn.gov.in/judis Nagercoil, Kanniyakumari District.
4.The Tahsildar,
Vilavancode Taluk,
Kanniyakumari District.
Copy to:
Order dated : 23.01.2025
Notice Section Default Cases CMP(MD)Nos.8051 and 8048 of 2023 IN
SA(MD)Nos.139 and 140 of 2017
MGJ(09.05.2025) 4P 9C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023
1 provisions across 1 enactments
The District Collector, Nagercoil, Kanniyakumari District
The Tahsildar, Vilavancode Taluk, Kanniyakumari District
The Village Administrative Officer, Palugal Post, Kanniyakumari District
Nagappan Nair
Sudhakaran Nair
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
