The Tahsildar, v. R.Alagarsamy Naicker
Case brief
What is this about?
Second Appeal SA(MD).No.748 of 2015, Madurai Bench of Madras High Court; batta/default order dated 23-01-2025 dismissing the Second Appeal Petition for default against Respondents R1 (R.Alagarsamy Naicker, Plaintiff), R2 (Alwarsamy Naicker) and R4 (Vengidasamy) because the Special Government Pleader for the Appellants (The Tahsildar, Aruppukottai; State of Tamil Nadu represented by the District Collector, Virudhunagar District) did not comply with the condition-precedent direction (deadline 20-02-2025) to furnish batta with petition and affidavit copies; underlying civil litigation: OS.No.99 of 2003, District Munsif Court, Aruppukottai (decree dated 15-03-2007) and AS.No.51 of 2008, Subordinate Court, Aruppukottai (decree dated 07-12-2009); keywords: default dismissal, steps not taken, condition precedent, Virudhunagar, Tamil Nadu, second appeal.
What did the court decide?
Since the Special Government Pleader for the appellants did not comply with the Court's direction granting time till 20-02-2025 for the batta with petition and affidavit copies due to Respondents R1, R2 and R4 - a condition precedent - it is ordered that the Second Appeal Petition shall stand dismissed against Respondents R1, R2 and R4.