Madras High CourtSA(MD)/847/2010dismissed for nonprosecution

Govindasamy Udayar v. Arulmigu Kolakkanatha Ayyanar

2022-02-14Honourable Mr Justice G.R.Swaminathan2 pages

SA(MD)Nos.847 and 848 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.847 and 848 of 2010 1.Goivindasamy Udayar 2.Saroja 3.Murugesan ... Appellants/Respondents/Defendants in both S.As Vs.

1.Arulmigu Kolakkanathan Ayyanar Koil, Kothangudi Village, Rep. by its Hereditary Trustee, Sivasubramanian Padayachi.

2.Rajalakshmi ... Respondents/Appellants/Plaintiffs in both S.As Common Prayer : Second Appeals filed under Section 100 of Civil Procedure Code, against the judgment and decree passed by the learned Principal Subordinate Judge, Kumbakonam in A.S.No.29 and 28 of 2007 dated 17.03.2008 respectively reversing the judgment and decree passed by the learned District Munsif, Kumbakonam in O.S.No.246 of 2005 and counter calim dated 29.12.2006 respectively. (In both S.As) For Appellants : No appearance For Respondents : Mr.Rajaraman COMMON JUDGEMENT When these second appeals were taken up for hearing on 11.02.2022, there was no representation for the appellants. Therefore, the cases were adjourned to 14.02.2022 to be listed under the caption "for dismissal". Today, ie., 14.02.2022, when the cases were taken up for hearing, there was no representation for the appellants. Hence, these second appeals are dismissed for nonhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD)Nos.847 and 848 of 2010 prosecution. The Registry shall not entertain any petition for restoration unless the appellants remit a sum of Rs.10,000/- as costs payable to High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Judge, Kumbakonam.

2.The Principal District Munsif, Kumbakonam.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2C) COPY TO:- THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-6584[F] dated 16/02/2022 ) S.A.(MD)Nos.847 and 848 of 2010 14.02.2022 CK(CO) GC(15.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2