Sir Sivasamy Iyer Bala vs Tirukattupalli Town Panchayat on 30 June, 2023

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Madras High Court

Sir Sivasamy Iyer Bala vs Tirukattupalli Town Panchayat on 30 June, 2023

Bench: P.Velmurugan

                                                                              S.A(MD)No.1981 of 2003


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 30.06.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                S.A.No.1981 of 2003


                     Sir Sivasamy Iyer Bala
                     Vidyalaya
                     rep. by its Chairman & Secretary
                     C.Karumbeswaran
                     S/o.N.Chandrasekaran
                     Sir Sivasamy Iyer Higher
                     Secondary School Complex,
                     Tirukattupalli,
                     Tiruvaiyaru,
                     Thanjavur District.
                     Appellant's Chairman is substituted
                     vide Court Order dated 14.06.2023
                     made in C.M.P(MD)No.1152/2022                    ... Appellant

                                                      Vs.

                     Tirukattupalli Town Panchayat
                     rep. by its Executive Officer,
                     Tirukattupalli,
                     Tiruvayaru Taluk,
                     Thanjavur District.                              ... Respondents




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                S.A(MD)No.1981 of 2003


                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree made in A.S.No.115/2001 on the file
                     of the Principal District Judge, Thanjavur, dated 23.04.2002 in setting aside
                     the judgment and decree made in O.S.No.25/1998 on the file of the District
                     Munsif Court, Thiruvaiyaru, dated 10.09.1998.


                                            For Appellant    : No appearance

                                            For Respondent    : Mr.V.Chandrasekar


                                                   JUDGMENT

When the matter was taken up for hearing on 27.06.2023, there was no representation for the appellant and this Court directed the registry to list the matter on 30.06.2023 under the caption 'for dismissal'. Today also, there is no representation for the appellant. The appeal is in the year 2003.

Despite sufficient opportunity given to the appellant, the appellant has not come forward to prosecute the appeal. Therefore, this Second Appeal is dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry. In case the appellant has filed any application to restore the appeal, Registry is directed not to Page 2 of 4 https://www.mhc.tn.gov.in/judis S.A(MD)No.1981 of 2003 take the application on file unless the appellant deposit the said amount imposed by this Court.

Index : Yes / No Speaking Order : Yes / No 30.06.2023 am To

1.The Principal District Court, Thanjavur.

2.The District Munsif Court, Thiruvaiyaru,

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis S.A(MD)No.1981 of 2003 P.VELMURUGAN, J.

am S.A.No.1981 of 2003 30.06.2023 Page 4 of 4 https://www.mhc.tn.gov.in/judis

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