Citation : 2023 Latest Caselaw 4269 Mad
Judgement Date : 17 April, 2023
AS.Nos.569/1999 & 505/2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR. JUSTICE P.B.BALAJI
AS.Nos.569/1999 & 505/2011
AS.No.569/1999
1.A.Roopanandan
2.Sengani Gramani [deceased]
3.B.Kanniappan [died]
4.Natesa Gramani [died]
5.Krishnammal [deceased]
6.T.Subramanian[died]
7.S.Viswanathan [died]
Appeal dismissed against 7th appellant vide
order of the Court dated 29.08.2022
8.Lakshmi
8th appellant brought on record as LR of
deceased 2nd appellant.
9.T.Sivagnanam
10.T..Manoharan
11.T.Shanmugam
12.M.Shanthi
appellants 9 to 12 brought on record as LRs of
deceased 5th appellant vide order dated 18.07.2017
in CMP.Nos.10101 to 10106/2017 in AS.No.569/1999.
13.Lakshmi
https://www.mhc.tn.gov.in/judis 1
AS.Nos.569/1999 & 505/2011
14.K.Amarthiya
15.Adhilya
Appellants 13 to 15 brought on record as
LRs of deceased 3rd appellant vide order
dated 02.11.2022 in CMP.Nos.16082, 16085 & 16086/2022
in AS.No.569/1999
16.Chokkammal
17.Poosanam
18.Ramakrishnan
19.Babu
20.Kannan
21.Devaraj
22Dhanalakshmi
23.Yasodha
Appellants 16 to 23 are brought on record as LRs of
deceased 4th appellant vide order dated 02.11.2022
in CMP.Nos.17016,16861 & 17021/2022 in AS.No.569/1999
.. Appellants
Versus
1.Sri Alavandaar Charities, rep.by its
Executive Officer, Mahabalipuram.
2.R.Kanniappan
3.Kanakasabai
4.Rajabathar
5.R.Kuppuswamy Naicker [died]
6.Selvaraj
7.Mrs.Radha
8.K.Kesavamurthy
9.K.Niraimathy
10.K.Kalaimathy
11.K.Ayyappan
12.K.Valarmathy
13.K.Thilagavathy
https://www.mhc.tn.gov.in/judis 2
AS.Nos.569/1999 & 505/2011
14.K.Kungumavathy .. Respondents
RR7 to 14 brought on record as LRs of
deceased 5th respondent vide order dated 19.01.2004
made in CMP.Nos.14555 to 14557/2003 in AS.569/1999
Prayer:- Appeal Suit filed under section 96 read with Order 41 Rule 1 of
CPC against the judgment and decree of the learned Principal Subordinate
Judge, Chengalpattu dated 31.03.1999 passed in OS.No.76/1992.
For Appellants : Mr.P.Ponnusamy
For R1 : M/s.C.R.Rukmani
AS.No.505/2011
1.T.Subramaniam [died]
2.S.Viswanathan [died]
3.Kokila .. Appellant
**2nd appellant died and hence appeal against
2nd appellant is dismissed vide order dated 23.09.2022
3rd appellant is brought on record as legal representative of
the deceased 1st appellant vide order dated 02.11.2022 made
in CMP.Nos.15277, 15282 & 15557/2022 in AS.No.505/2011
Vs.
1,Arulmighu Alavandar Charitables
Mahabalipuram, rep.by its Executive
Officer, having its office at
Mahabalipuram and Post,
Chengalpattu Taluk.
https://www.mhc.tn.gov.in/judis 3
AS.Nos.569/1999 & 505/2011
2.R.Kanniappan
3.K.Shanmugam
4.B.Kanniappan
5.The State of Tamil Nadu
rep.by its District Collector,
Chengai-Anna District
having office at Kancheepuram and Post
Kancheepuram, Chengai Anna District.v`
6.The Revenue Divisional Officer
[Sub Collector], Chengalpattu having
Office at Chengalpattu Town & Post
Chengalpattu Taluk, Chengai Anna District.
7.The Tahsildar,
Chengalpattu having office at
Taluk Office, Chengalpattu. .. Respondents
Prayer:- Appeal Suit filed under section 96 read with Order 41 Rule 1 of
CPC against the judgment and decree in OS.No.107/1994 on the file of the
learned Principal Subordinate Judge, Chengalpattu dated 31.03.1999.
For Appellants : Mr.P.Ponnusamy
For R1 : M/s.V.Srimathy
https://www.mhc.tn.gov.in/judis 4
AS.Nos.569/1999 & 505/2011
COMMON JUDGMENT
[Judgment of the Court was delivered by S.S.SUNDAR, J.,]
(1) Despite the above appeals are listed under the caption ''for
dismissal'', the learned counsel appearing for the appellants is not
ready. However, he has produced before this Court, a typed set of
papers containing documents which do not form part of the lower
court records.
(2) Learned counsel further states that he has to file an application for
reception of additional documents under Order 41 Rule 27 of CPC.
(3) This Court is not inclined to entertain the request of the learned
counsel for the appellants.
(4) Since the learned counsel for the appellants is not ready without
these documents, this Court has no other option except to dismiss
the appeals for non prosecution.
(5) Accordingly, the Appeal Suits stand dismissed for non
prosecution. No costs.
[SSSRJ] [PBBJ]
17.04.2023
AP
Internet : Yes
https://www.mhc.tn.gov.in/judis 5
AS.Nos.569/1999 & 505/2011
To
1.The District Collector,
Chengai-Anna District
having office at Kancheepuram and Post
Kancheepuram, Chengai Anna District.
2.The Revenue Divisional Officer
[Sub Collector], Chengalpattu having
Office at Chengalpattu Town & Post
Chengalpattu Taluk, Chengai Anna District.
3.The Tahsildar,
Chengalpattu having office at
Taluk Office, Chengalpattu.
https://www.mhc.tn.gov.in/judis 6
AS.Nos.569/1999 & 505/2011
S.S.SUNDAR, J.,
AND
P.B.BALAJI, J.
AP
AS.Nos.569/1999 & 505/2011
17.04.2023
https://www.mhc.tn.gov.in/judis 7
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