Tallakulam Arulmigu Iyappa v. Sri Kallazhagar Devasthanam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR Tallakulam Arulmigu Iyappa Baktha Sabai, A Registered Society, Through its President, VMP Gandhi Babu, ... Plaintiff/Appellant Appellant Vs.

Sri Kallazhagar Devasthanam, Prasanna Venkatachalapathi Kovil, Tallakulam, Madurai, Through its Executive Officer.

... Defendant/Respondent Respondent PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 01.09.2003 in A.S.No.163 of 1999 on the file of the III Additional Subordinate Judge, Madurai, confirming the judgment and decree, dated 13.08.1999 in O.S.No.10 of 1994 on the file of the Additional District Munsif, Madurai.

For Appellant : Mr.V.A.Bavanaash for Mr.R.G.Shankar Ganesh For Respondent : Mr.S.Manohar 1/4

JUDGMENT

It is seen from the records that, when the Second Appeal was taken up for hearing on 27.06.2024, there was no representation for the appellant. In order to give an opportunity to the appellant, the Registry was directed to list the Second Appeal under the caption 'For Dismissal'.

2. Even today, the Counsel on record is not present. Mr.V.A.Bavanaash, Advocate, representing Mr.R.G.Shankar Ganesh, Counsel on record for the appellant submits that appellant has taken the papers from the Counsel on record and hence, he is not in a position to appear for the appellant.

3. There is no other representation for the appellant. Hence, the Second Appeal stands dismissed for default. There shall be no order as to costs.

02.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR 2/4

To 1.The III Additional Subordinate Judge, Madurai.

2.The Additional District Munsif, Madurai.

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

3/4

S.SOUNTHAR , J.

BTR Judgment made in Dated:

02.07.2024 4/4