Madras High CourtSA(MD)/917/2007dismissed for default

Sankaran v. Arulmigu Meenakshi

2024-06-27Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR and M.P(MD)No.1 of 2007 1.Sankaran 2.Shanmugasundaram 3.Gomathi Ammal 4.Bagyan 5.Manikanda Kumarasamy ... Defendants 1 & 4 to 7/ Respondents 1 & 4 to 7/ Appellants Vs.

1.Arulmigu Meenakshi Sundareswarar Devasthanam, Madurai through its Executive Officer, Madurai-625 001.

(In the matter of Sri Soma Sundara Mudaliar Pradosa Kattalai) 2.Thayappan (Died) 3.Yanayappan (Died) ... Plaintiff & Defendants 2 & 3/ Appellant & Respondents 2 & 3/ Respondents 1/5

4.T.Kumar 5.T.Sankaran 6.T.Nagarajan 7.T.Nagarani 8.Y.Krishnammal 9.Y.Somasundaram 10.Y.Agilakumar 11.S.Indra ... Respondents 4 to 11 (Respondents 4 to 7 are brought on record as LRs of deceased second respondent vide Court order, dated 15.03.2016 made in M.P(MD)Nos.4 to 6 of 2014 in S.A(MD)No.

917 of 2007) (Respondents 8 to 11 are brought on record as LRs of deceased third respondent vide Court order, dated 15.03.2016 made in M.P(MD)Nos.1 to 3 of 2014 in S.A(MD)No.

917 of 2007) PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the decision passed in A.S.No.124 of 2005, dated 27.07.2006 on the file of the Court of the Principal Subordinate Judge, Madurai, reversing the decision on the file of the Court of the District Munsif of Thirumangalam, passed in O.S.No.825 of 2004. For Appellants : No appearance 2/5

For R-1 : Mr.S.Manohar R-2 & R-3 : Died For R-4 to R-11 : No appearance

JUDGMENT

It is seen from the records that when the Second Appeal was taken up for hearing on 26.06.2024, there was no representation for the appellants during first and second call. Therefore, in order to give an opportunity to the appellants, the Registry was directed to list the matter under the caption 'For Dismissal' today.

2. Even today, there is no representation for the appellants.

3. The learned Counsel for the first respondent is present.

4. Hence, the Second Appeal stands dismissed for default. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

27.06.2024 3/5

NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR To 1.The Principal Subordinate Judge, Madurai.

2.The District Munsif, Thirumangalam.

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

4/5

S.SOUNTHAR , J.

BTR Judgment made in Dated:

27.06.2024 5/5