The Assistant Commissioner v. Virudhunagar A.M.Kannimar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.A.(MD) No.586 of 2007:

The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudunagar.

... Appellant/Appellant/ Defendant Vs Virudunagar Taluk, Pavali Village, A.M.Kannimar Temple alias Kamatchiamman Temple, Community temple vested with Uravukolvar Reddiar Community, Kamureddiar, Vadamalai Samudram, Venkateswaram Village, Vilathikulam, Thoothukudi, Though his Power Agent, Kamatchi Reddiar.

... Respondent/Respondent/ Plaintiff Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 30.09.2004 made in A.S.No.56 of 2003 on

the file of the Sub Court, Virudunagar, confirming the judgment and decree dated 15.07.2002 made in O.S.No.222 of 1999 on the file of the District Munsif's Court, Virudunagar.

For Appellant :

Mr.Raghavendran Government Advocate For Respondent :

Ms.Lakshmi Gopinathan S.A.(MD) No.720 of 2007:

Virudunagar Hindu Religious and Charitable Endowments Department, Office of the Assistant Commissioner, Through its Assistant Commissioner.

... Appellant/Appellant/ 5th Defendant Vs 1.Virudunagar Taluk, Pavali Village, A.M.Kannimar Temple alias Kamatchiamman Temple, Community temple vested with Uravukolvar Reddiar Community, Kamureddiar, Vadamalai Samudram, Venkateswaram Village, Vilathikulam, Thoothukudi, Though his Power Agent, Kamatchi Reddiar.

... 1st Respondent/ 1st Respondent/Plaintiff 2.Sakthivel

3.C.Periamuthiah 4.K.Sundar 5.V.Peria Karuppathevar ... Respondents 2 to 5/ Respondents 2 to 5/ Defendants 1 to 4 Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 30.09.2004 made in A.S.No.58 of 2003 on the file of the Sub Court, Virudunagar, confirming the judgment and decree dated 15.07.2002 made in O.S.No.204 of 1999 on the file of the District Munsif's Court, Virudunagar.

For Appellant :

Mr.Raghavendran Government Advocate For RR3 & 4 :

Mr.G.Marimuth For RR1 & 2 :

No appearance COMMON JUDGMENT When the matter was taken up for hearing on 08.02.2023, the learned Government Advocate requested time and hence, the second appeal was adjourned to 13.02.2023. On 13.02.2023, the learned Government Advocate was not ready and prayed for time. Hence, in order to give an

opportunity to the appellant, the matter was adjourned to 20.02.2023. Even on that date, the learned Government Advocate was not ready to get along with the matter. Hence, finally the matter is posted today under the caption 'for dismissal'. Even today, the learned Government Advocate is not ready to argue the matter. Therefore, the Second Appeals are dismissed for default. However, there shall be no order as to costs. 22.02.2023 NCC: Yes/No Index:Yes/No abr

To 1.The Sub Judge, Virudunagar.

2.The District Munsif, Virudunagar.

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

S.SOUNTHAR, J.

abr 22.02.2023