C.Banumathi vs A.M.T.P.S. Charities
2021 Latest Caselaw 12936 Mad

                                                                                   S.A. No.380 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01.07.2021

                                                      CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               S.A. No.380 of 2007 &
                                                  MP.No.2 of 2007

                     1.C.Banumathi
                     2.S.Sasikumar (Died)
                     3.Dhanalakshmi
                     4.Ganga
                     5.Santhi
                     6.Uma
                     7.Puvaneswari
                     8.Kuppu
                     9.Revathi
                     10.Minor Mohanapriya
                       Rep. by her next friend/her mother/natural guardian 8th Appellants
                                                                          ...   Appellants
                       (Appellants 8 to 10 brought on
                       record as LRs of the deceased 2nd
                       Appellant vide order of this Court
                       dated        15.11.2019         in
                       CMP.No.24407 of 2009)

                                                         Vs

                     A.M.T.P.S. Charities,
                     Rep. by its Executive Officer,
                     Thiruvannamalai – 606 101                               ...    Respondent



                     1/4



https://www.mhc.tn.gov.in/judis/
                                                                                   S.A. No.380 of 2007

                     PRAYER: Second Appeal filed under Section 100 C.P.C. against the
                     Decree and Judgement passed in A.S.No.4 of 2006 dated 03.08.2006 on the
                     file of the learned Subordinate Judge, Arni, Thiruvannamalai District,
                     confirming the Decree and Judgment passed in O.S.No.70 of 1997 dated
                     03.02.1998 on the file of the District Munsif Court, Polur, Thiruvannamalai
                     District.
                                     For Appellants          : Mr.A.Rajendiran
                                     For Respondent          : Mr.R.Swaminathan
                                                               for Mr.S.Sathishrajan


                                                       JUDGMENT

The matter is listed under the caption “for dismissal” today. The

learned counsel for the Appellants seek for a short accommodation.

However as seen from the earlier proceedings, there was no representation

on the side of the Appellants even on 17.04.2021. It can be seen that the

Appellants are only interested in dragging the matter.

2. Learned counsel for the respondent is present and he submits that

this Second Appeal has been filed challenging the concurrent findings of the

Courts below. He would also submit that the suit has been filed by the

https://www.mhc.tn.gov.in/judis/ S.A. No.380 of 2007

temple seeking recovery of rental arrears which was decreed by the Trial

Court and confirmed by the lower Appellate Court.

3. For the foregoing reasons, it can now be inferred that the

Appellants are not interested in prosecuting this second appeal.

Accordingly, this Second Appeal shall stand dismissed for non-prosecution.

No costs. Consequently, connected miscellaneous petition is closed.

01.07.2021 nl

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. The Subordinate Judge, Arni, Thiruvannamalai District

2. The District Munsif Court, Polur, Thiruvannamalai District.

https://www.mhc.tn.gov.in/judis/ S.A. No.380 of 2007

ABDUL QUDDHOSE, J.

nl

S.A. No.380 of 2007

01.07.2021

https://www.mhc.tn.gov.in/judis/