Citation : 2022 Latest Caselaw 7010 Mad
Judgement Date : 4 April, 2022
SA.No.1/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.No.1/2022
Sri Arulmighu Arumughaswami
Kavadi Thirukoil, Kumarasamypettai,
Rep. by its Managing Trustee
D.S.Saravanan, Son of Chokalingam
24/37, Thiag Theerthagiriyar Street,
Kumarasamypettai, Dharmapuri. .. 1st Plaintiff / Appellant /
Appellant
Vs.
1.State of Tamil Nadu,
represented by the Commissioner,
Hindu Religious and Charitable Endownment
No.119, Uthamar Gandhi Road (Old name Nungambakkam
High Road),
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endownment,
Kottai Mariamman Valagam, Salem – 636 001.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endownment,
Opposite Government Arts College, Dharmapuri – 626 705.
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SA.No.1/2022
4.Arulmighu Sivasubramaniaswamy Thirukoil Kumarasamypettai
Rep. its Executive Officer,
Kumarasamypettai, Dharmapuri. .. Defendants / Respondents /
Respondents 1 – 4
5.A.Chennakesavan .. 2nd Plaintiff / 2nd Appellant /
5th Respondent
6.Kumaraswamy .. 3rd Plaintiff / 3rd Appellant /
6th Respondent
7.S.Vaiyapuri .. 4th Plaintiff / 4th Appellant /
7th Respondent
8.S.Dhandapani .. 5th Plaintiff / 5th Appellant /
8th Respondent
Prayer:- Second Appeal preferred under 100 of CPC against the judgment
and decree dated 19.07.2019 passed in A.S.No.2/2017 on the file of the
learned Additional District Judge, Dharmapuri confirming the judgment
and decree dated 25.10.2016 in O.S.No.57/2007 on the file of the learned
Subordinate Judge's Court, Dharmapuri.
For Appellant : No appearance
For R1 to R3 : Mr.Harish
Government Advocate (CS)
For R4 : Mr.D.Gopal
Government Advocate (CS)
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SA.No.1/2022
JUDGMENT
(1) When this matter was earlier posted for final hearing on
24.03.2022, there was no representation on behalf of the appellant.
Hence, this Court adjourned this matter to 28.03.2022 and directed
the registry to list the matter under the caption “For Dismissal”.
(2) However on 28.03.2022, there was a request for adjournment by
the learned counsel for the appellant. Hence, this Court though
adjourned the matter once again, directed the Registry to list the
matter under the same caption today (04.04.2022).
(3) Though the matter is listed under the caption ''For Dismissal''
today, there is no representation on behalf of the appellant. Hence,
this Court is left with no other option except to dismiss the Second
Appeal for default.
(4) In the result, the Second Appeal is dismissed for non prosecution.
No costs.
04.04.2022 cda Internet : Yes
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S.S.SUNDAR, J.,
cda
To
1.The Additional District Judge, Dharmapuri.
2.The Subordinate Judge's Court, Dharmapuri.
3.State of Tamil Nadu, represented by the Commissioner, Hindu Religious and Charitable Endownment No.119, Uthamar Gandhi Road (Old name Nungambakkam High Road), Chennai – 600 034. SA.No.1/2022
4.The Joint Commissioner, Hindu Religious and Charitable Endownment, Kottai Mariamman Valagam, Salem – 636 001.
5.The Assistant Commissioner, Hindu Religious and Charitable Endownment, Opposite Government Arts College, Dharmapuri – 626 705.
6.Arulmighu Sivasubramaniaswamy Thirukoil Kumarasamypettai Rep. its Executive Officer, Kumarasamypettai, Dharmapuri.
7.The Section Officer VR Section, High Court, Chennai.
04.04.2022
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