Madras High CourtCMSA(MD)/27/2011dismissed for nonprosecution

R.Barathy v. Sri Shiymala Devi Amman Kovil

2022-01-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.S.A.(MD)No.27 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.S.A.(MD)No.27 of 2011 and M.P(MD)No.3 of 2011 1.R.Barathy 2.R.Nethaji 3.R.Tagoor 4.R.Muthulakshmi ...Appellants/Appellants/Petitioner Vs.

1.Sri Shiymala Devi Amman Kovil, Milagumari Chetty Street, Karanthai, Thanjavur Town and Munsifi, Rep. by its Trustee Jayavel, S/o.Balasubramanian, Karanthai, Thanjavur Town and Munsifi.

...Respondent/Respondent/REspondent

2.K.Ganesan

...Respondent/Respondent/Respondent

PRAYER: Civil Miscellaneous Second Appeal filed under Order 21 Rule 97 r/w 100 of Civil Procedure Code, to set-aside the judgment and decree, dated 29.07.2008 made in A.S.No.25 of 2007 on the file of the Additional Subordinate Judge, Thanjavur, confirming the judgment and decree, dated 20.12.2006 made in E.A.No.151 of 2004 in E.P.No.35 of 2004 in O.S.No.402 of 2002 on the file of the District Munsif Court, Thanjavur.

For Appellants :No Appearance For Respondent 1 :Mr.B.K.Rajendran, Advocate For Respondent 2 :No Appearance

JUDGMENT

When the Civil Miscellaneous Second Appeal was taken up for hearing on 21.12.2021, there was no representation for the appellants and therefore, the matter was posted under the caption 'for dismissal' on 06.01.2022. Even today, i.e., 06.01.2022 there is no representation for the appellants.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.S.A.(MD)No.27 of 2011

2. In view of the same, the Civil Miscellaneous Second Appeal is dismissed for non prosecution. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Additional Subordinate Judge, Thanjavur.

2.The District Munsif Court, Thanjavur.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

C.M.S.A.(MD)No.27 of 2011 and M.P(MD)No.3 of 2011 06.01.2022 RK(01/02/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2