Kandasamy v. Arulmighu Tps Charities

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2020

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Second Appeal No.765 of 2010 and M.P.No.1 of 2010 (Heard through video conferencing) Kandasamy S/o Chidambara Mudaliar 14, Thirumanjana Gopura Street, Tiruvannamalai Town District.

...

Appellant Vs Arulmighu T.P.S. Charities, Tiruvannamalai represented by Its executive Officer, having its office at Kanni Koil Street, Tiruvannamalai Town.

... Respondent Prayer:- This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.48 of 2005, dated 28.02.2006 on the file of the Principal Subordinate Judge, Tiruvannamalai confirming the judgment and decree as made in O.S.No.116 of 1997 dated 23.03.2005 on the file of the Additional District Munsif, Tiruvannamalai. For Appellant :Mr.R.Bharanidharan For Respondent :Mr.R.Swaminathan

JUDGMENT

The learned counsel for the appellant submits that the whereabouts of the appellant not known. The communication sent by him was returned as "no such person in the address". The learned counsel has also filed a memo to that effect. This indicates that the appellant has vacated the suit property which is the subject matter of the second appeal. Hence, nothing survives in the second appeal.

2.In view of the above position, this Second Appeal is dismissed. The said memo filed by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/

appellant shall form part of the record. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

*The Xerox Copy of Memo filed by the Counsel for Appellant enclosed Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Principal Subordinate Judge, Tiruvannamalai.

2.The Additional District Munsif, Tiruvannamalai.

S.A.No.765 of 2010 spd[co] srg 24/09/2020 https://hcservices.ecourts.gov.in/hcservices/