Madras High CourtSA/995/2009withdrawn dismissed

Samiappan v. The Executive Officer

2023-04-25Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.14404 of 2016 1.Samiappan (Deceased) 2.P.Chinnathambi Kandar 3.K.V.Chellandi 4.K.S.Natesan 5.Mariappa Kandar 6.Selvaraj ... Appellants (Sixth Appellant brought on record as Legal Representative of the deceased First Appellant vide order of this Court dated 26.07.2016 made in C.M.P.Nos.7756 to 7758 of 2016 in S.A.No.995 of 2009) Vs.

1.The Executive Officer, Arulmigu Prasanna Venkatramana Swamy Kovil, Pandamangalam, Namakkal Taluk.

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2.K.Arumugham 3.P.Palanisamy 4.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam Road, Chennai - 34.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

6.The Assistant Inspector, Hindu Religious and Charitable Endowment Department, Vellore, Salem.

... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 27.03.2006 in A.S.No.136 of 1985 on the file of the Sub Court, Namakkal, reversing the Judgment and decree dated 28.08.1985 in O.S.No.463 of 1983 on the file of the Principal District Munsif Court, Namakkal. 2/5

For Appellants : Mr.A.Sivaji For Respondents : Mr.B.Tamil Nidhi Additional Government Pleader (Civil Side) for R1 & R4 : No appearance for R2, R5 & R6 : R3- Died

JUDGMENT

The learned counsel for the appellants has field a Memo dated 25.04.2023 stating that the appellants 3 and 5 are no more. The remaining appellants 2, 4 and 6 namely P.Chinnathambi Kandar, K.S.Natesan and Selvaraj have instructed the learned counsel not to proceed further.

2. A copy of the letter dated 24.04.2023, which has been sent to the learned counsel for the appellants has also been enclosed along with the Memo. The Memo was recorded. It shall be form part of the records. 3/5

3. The Second Appeal is dismissed as withdrawn in respect of the appellants 2, 4 and 6 are concerned and dismissed as abated in respect of the appellants 1, 3 and 5 are concerned. No costs. The connected Civil Miscellaneous Petition is also closed.

25.04.2023 Index : Yes/No Speaking Order : Yes/No arb To:

1.The Sub Judge, Namakkal.

2.The Principal District Munsif, Namakkal.

3.The Section Officer, Vernacular Section, High Court of Madras.

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V.LAKSHMINARAYANAN, J.

arb and C.M.P.No.14404 of 2016 25.04.2023 5/5