Kannan v. Sri Ulagamuthu Mariamman @

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.935 of 1999 1.Kannan 2.Balasubramanian @ Loganathan ... Appellants/Appellants/ Defemdamts 1 & 2 Vs.

1.Sri Ulagamuthu Mariamman @ Kazhuthu Marimman Temple Rep. By its President Mr.G.Gopalakrishnan Pondicherry 2.G.Gopalakrishnan President of the Board of Trustee of the 1st respondent 3.K.Natarajan Vice President of Board of Trustee of the 1st respondent 4.A.Singaravel Murugan Secretary of the Board of Trustee of the 1st respondent 5.R.Ramalingam Treasurer of the Board of Trustee of 1st respondent 6.P.Viswalingam Member of the Board of Trustee of 1st respondent ..Respondents/Respondents 1 to 6 7.Sivaraj @ Mani ..7th Respondent/3rd Defendant 8.Jeeva Ammal 9.Selvaraj 10.Perumal Naicker ..Respondents 8 to 10/ Defendnts 4 to 6

11.Thulasidas Special Officer of Arulmighu Ulagamuthu Mariamman Koil, Pondichery.

(11th respondent is impleaded vide order of Court dt.15.09.2003 made in CMP.No.1906/2001)

...Respondent

Prayer: The Second Appeal has been filed under Section 100 of C.P.C. against the judgment and decree dated 18.12.1998 and made in A.S.No.123 of 1993 on the file of III Additional District Judge at Pondicherry, confirming the judgment and decree dated 30.07.1993 and made in O.S.No.187 of 1987 on the file of Addl. Sub. Judge, Pondicherry.

For Appellants : Mr.T.R.Rajaraman For Respondents : No appearance for R1,2,4,5,9 & 11 R6 - died R8, 10 - died vide SR.13270 ss batta, ss petition, ss affidavit due reg r6 to r7 proof of paper publication notified Reg. R3 to R7 s.s.betta due respondent R3 to R7 proof of paper publication not filed Reg. R3 to R7

J U D G M E N T

The learned counsel appearing for the appellant would submit that he has not received any instructions from the appellant and without any instructions he is not in a position to conduct the case before this Court. 2.Hence, this Court has no other option, except to dismiss the second appeal for non prosecution. No costs. Sd/- Assistant Registrar(CS-viii) //True Copy// Sub Assistant Registrar kas

To.

1.III Additional District Judge Pondicherry 2.The Addl. Sub. Judge Pondicherry S.A.No.935 of 1999 vd(CO) TR(07/03/2018)