Madras High CourtSA(MD)/660/2009dismissed for nonprosecution

M.Saburan Jameela v. Arul Migu Kailasanathar Temple

2021-11-19Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

SA(MD)No.660 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 19.11.2021

CORAM

THE HON'BLE MRS.JUSTICE V. BHAVANI SUBBAROYAN SA(MD)No.660 of 2009 & MP(MD)No.1 of 2009 M.Saburan Jameela ... Appellant / Defendant / Cross Objector vs.

Arul Migu Kailasanathar Temple, Vazhthur, Rep. by its Executive Officer, Sri Kothandaramar Temple, Agraharam, Ayyampettai, Papanasam Taluk.

... Respondent / Plaintiff / Respondent in cross Objection Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree in AS.No.83 of 2006 and Cross Objection in IA.No.6 of 2008 in AS.No.83 of 2006 dated 13.03.2009 on the file of the Principal Sub Judge, Kumbakonam modifying the judgment and decree in OS.No.162 of 1999 dated 17.02.2006 on the file of the District Munsif Cum Judicial Magistrate at Papanasam. For Appellant :

No appearance For Respondent :

Mr.V.Chandrasekar

JUDGMENT

When the matter was taken up for hearing on 10.09.2014, the learned counsel for the appellant reported no instructions and hence the Registry was directed to issue notice to the appellant. Tapal returned as 'no such addressee'.

2. When the matter came up for hearing on 17.11.2021, though the name of the appellant was printed in the cause list, there was no representation on behalf of the appellant, thereby the matter was ordered to be listed under the caption 'for dismissal' on 19.11.2021.

3. Even today (19.11.2021), there is no representation for the appellant. Hence, the Second Appeal is dismissed for nonhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD)No.660 of 2009 prosecution. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 Principal Sub Court, Kumbakonam.

2.The District Munsif Cum Judicial Magistrate, Papanasam.

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

SA(MD)No.660 of 2009 & MP(MD)No.1 of 2009 19.11.2021 SJ(CO) SB(01.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2