B.A.Muruganantham v. The Victoria Edward Hall

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.A(MD).No. 298 of 2019 and C.M.P(MD).No.10884 of 2019 1.B.A.Muruganantham 2.V.Maragathavel 3.N.Raman 4.S.Jeyasingh 5.S.Manickam 6.K.S.Sivakumar ... Appellants Vs.

1. The Victoria Edward Hall Through its Secretary, 32-B, West Veli Street, Madurai.

2.I.Ismail 3.P.Sudalai 4.N.R.V.Jawaharlal 5.N.Singaraj 6.R.Balachandran 7.M.Ibrahim Basha M.Karuppaiah (died) 8.K.Mahalingam

9.D.Nallathambi 10.G.Palanivel Rajan A.Rathinam (died) 11.R.Sannasi 12.A.Stephen 13.S.Venkatesh Mohan 14.V.Murugan 15.Sarvodaya Illakkiya Pannai 16.S.Manickam 17.British Bakery 18.Madurai United Club Through its Secretary 19.M/s.Hotel Sangeeth Through its Proprietor 20.M/s.B.Balasubramanian and B.SAnkar 21.M/s.Sri Prema Vilas Sweet Stall Through its Proprietor 22.M/s.Kumar Electronics Through its Proprietor 23.M/s.STar Mobules Through its Proprietor 24.M/s.T.V.Traders Through its Proprietor 25.S.Sikkanthar 26.M/s.K.Saravanan 27.R.Lingammal

28.M.Sahayaraj & Jesu 29.Aynul Hakkin 30.Prem Nazir 31.A.P.Deepan, 32.M.Rajalakshmi 33.M/s.Raja Electronics Through its Proprietor 34.M/s.King Mobiles Through its Proprietor 35.K.Manjula Sundar 36.D.Angayarkanni Through its Proprietor 37.M/s.D.Nursery Garden Through its Proprietor 38.R.Ramesh 39.R.Ramkumar, ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside judgment and decree dated 12.02.2019 made in A.S.No.54 of 2017 on the file of the VI Additional District Judge, Madurai, confirming the judgment and decree dated 22.08.2017 made in O.S.No.932 of 2014 on the file of the III Additional Subordinate Judge, Madurai. For Appellants : No representation (for A2, A4 and A6) A3 & A5- sent A1 -Tapal returned

For Respondents : Mr.M.Rajaram (for R1 to R13) Mr.M.Bismillakhan (for R14) R15 to R17, R19 to R24, R27 to R39 ex-parte vide in EB R25-dispensed with vide in EB R26-TApal returned 'unclaimed'

R18 -No appearance

JUDGMENT

When this second appeal was listed for hearing on 16.06.2025, the following order was passed:

"Since the appellants' counsel on record died, this Court, by an order, dated 06.11.2024, directed the Registry to issue notice to the appellants for hearing on 28.11.2024. Pursuant to the said order, Mr.Muthukumaran, learned counsel, submitted that he would file vakalat, as the vakalat already filed by him for appellants 2,4 and 6 was returned. He has entered appearance for appellants 2,4 and 6 on 11.12.2024. Notices sent to appellants 3 and 5 have been served and their names are printed in the cause list. However, notice sent to first appellant alone has been returned as ''no such addressee''.

The Second Appeal, thereafter, was listed on 28.01.2025. Since there was no representation for the

appellants, the case was directed to be listed on 31.01.2025. However, the appeal is listed today, for hearing. Even today, there is no representation on the side of the appellants. Post the matter for dismissal on 19.06.2025."

2. Even today i.e., 19.06.2025, when the second appeal is listed under the caption 'for dismissal', there is no representation on behalf of the appellants. It is evident that the appellants are not interested in prosecuting the appeal.

3. In view of the above, this Second Appeal is dismissed for nonprosecution. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

19.06.2025 NCC : Yes / No Index : Yes / No Rmk

To 1.VI Additional District Judge, Madurai.

2.III Additional Subordinate Judge, Madurai.

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

G.ARUL MURUGAN , J.

Rmk S.A(MD).No. 298 of 2019 19.06.2025