Madras High CourtSA(MD)/225/2020dismissed for default

Pastor Raju v. Stephen

2024-09-10Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI S.A(MD)No.225 of 2020 and C.M.P.(MD)No.2990 of 2020 Pastor Raju .. Appellant Vs.

1.Stephen 2.The President, Thiruvankoor Church Council, London Mission Church, No.3, Hendry Road, Nagercoil, Agastheeswaram Village, Agatheeswaram Taluk, Kanyakumari District 3.The Secretary, Thiruvankoor Church Council, London Mission Church, No.3, Hendry Road, Nagercoil, Agastheeswaram Village, Agatheeswaram Taluk, Kanyakumari District 4.Jegan Page No 1 of 4

5.Devaraj 6.Vijayan 7.Jeevitha 8.Ramya 9.Ravichandran 10.Anitha 11.Rajan .. Respondents Prayer : Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree, dated 28.03.2019, passed in A.S.No.74 of 2014 on the file of the Sub Court (Camp Court), Padmanabhapuram, Kanyakumari District confirming the judgment and decree, dated 17.10.2014, passed in O.S.No.128 of 2011 on the file of the Additional District Munsif Court, Padmanabhapuram, Kanyakumari District.

For Appellant : Mr.G.Ramanathan For R1 : Mr.B.Christopher For R2 & R3 : Mr.R.Nandakumar R4 to R11 : Ex parte

JUDGMENT

The learned counsel for the appellant, and the learned counsel for respondent Nos.2 and 3 are present before this Court. Page No 2 of 4

2. The learned counsel for the appellant submits that pending the Second Appeal, the appellant has retired from service on 30.06.2023 and hence, nothing survives in the matter.

3. Accordingly, the learned counsel for the appellant not pressed this Second Appeal, and has also made an endorsement in the bundle to that effect.

4. In view of the endorsement made by the learned counsel for the appellant, the Second Appeal is dismissed as not pressed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 10.09.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

P.VADAMALAI, J.

mkn To 1.The learned Judge, Sub Court (Camp Court), Padmanabhapuram, Kanyakumari District 2.The learned Additional District Munsif, Padmanabhapuram, Kanyakumari District S.A(MD)No.225 of 2020 and C.M.P.(MD)No.2990 of 2020 10.09.2024 Page No 4 of 4