Narayanan v. The Idol Of Arulmighu

THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 11.07.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.3042 of 2019 Narayanan : Appellant/2nd Respondent/ 3rd Defendant Vs.

1.The Idol of Arulmigu Deebangi Amman, Kovandakurichi Village, Lalgudi Taluk, rep.by its Poojari cum Trustee, D.Govindasamy Semar : Respondent/Appellant/ Plaintiff 2.Kaliyamoorthy : Respondent/1st Respondent/Plaintiff Common Prayer : Second Appeals filed under Section 100 of C.P.C., against the judgment and decree dated 13.07.2015 made in A.S.No.190 of 2011 on the file of the II Additional Subordinate Judge, Trichy reversing the judgment and decree, dated 31.03.2011 in O.S.No.237 of 2006 on the file of the Additional District Munsif, Lalgudi.

For Appellant : MR.K.Prabhakar For Respondents : Mrs.Maria Rosalin, for R1. : R2 given up.

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JUDGMENT

The second appeal is directed against the judgment and decree made in A.S.No.190 of 2011, dated 13.07.2015 on the file of the II Additional Subordinate Judge, Trichy, reversing the judgment and decree made in O.S. No.237 of 2006, dated 31.03.2011 on the file of the Additional District Munsif, Lalgudi.

2. When the matter is taken up for hearing today, the learned counsel for the appellant would submit that the appellant was reported dead one year back and his legal heirs are not interested in proceeding the appeal.

3. Recording the said submission made by the learned counsel for the appellant, the Second Appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed. No costs.

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To

1. The II Additional Subordinate Judge, Trichy.

2. The Additional District Munsif, Lalgudi.

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

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K.MURALI SHANKAR ,J.

DAS Order made in and C.M.P.(MD)No.3042 of 2019 Dated : 11.07.2024 4/4