Samiappan (Deceased) vs The Executive Officer
2023 Latest Caselaw 4763 Mad

                                                                               S.A.No.995 of 2009


                                  IN THE HIGH COURT OF JUDICATURE OF MADRAS

                                              DATED : 25.04.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                               S.A.No.995 of 2009
                                                      and
                                             C.M.P.No.14404 of 2016

                     1.Samiappan (Deceased)

                     2.P.Chinnathambi Kandar

                     3.K.V.Chellandi

                     4.K.S.Natesan

                     5.Mariappa Kandar

                     6.Selvaraj                                     … Appellants

                     (Sixth Appellant brought on record as Legal Representative of the
                     deceased First Appellant vide order of this Court dated 26.07.2016 made
                     in C.M.P.Nos.7756 to 7758 of 2016 in S.A.No.995 of 2009)

                                                       Vs.
                     1.The Executive Officer,
                       Arulmigu Prasanna Venkatramana Swamy Kovil,
                       Pandamangalam,
                       Namakkal Taluk.


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https://www.mhc.tn.gov.in/judis
                                                                                  S.A.No.995 of 2009



                     2.K.Arumugham

                     3.P.Palanisamy

                     4.The Commissioner,
                       Hindu Religious and Charitable
                        Endowment Department,
                       Nungambakkam Road,
                       Chennai - 34.

                     5.The Assistant Commissioner,
                       Hindu Religious and Charitable
                         Endowment Department,
                       Salem.

                     6.The Assistant Inspector,
                       Hindu Religious and Charitable
                         Endowment Department,
                       Vellore, Salem.                               … Respondents

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and decree dated 27.03.2006 in
                     A.S.No.136 of 1985 on the file of the Sub Court, Namakkal, reversing
                     the Judgment and decree dated 28.08.1985 in O.S.No.463 of 1983 on
                     the file of the Principal District Munsif Court, Namakkal.




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                                                                                        S.A.No.995 of 2009




                                  For Appellants     : Mr.A.Sivaji

                                  For Respondents : Mr.B.Tamil Nidhi
                                                    Additional Government Pleader (Civil Side)
                                                    for R1 & R4

                                                    : No appearance for R2, R5 & R6
                                                    : R3- Died


                                                          JUDGMENT

The learned counsel for the appellants has field a Memo dated

25.04.2023 stating that the appellants 3 and 5 are no more. The

remaining appellants 2, 4 and 6 namely P.Chinnathambi Kandar,

K.S.Natesan and Selvaraj have instructed the learned counsel not to

proceed further.

2. A copy of the letter dated 24.04.2023, which has been sent to the

learned counsel for the appellants has also been enclosed along with the

Memo. The Memo was recorded. It shall be form part of the records.

https://www.mhc.tn.gov.in/judis S.A.No.995 of 2009

3. The Second Appeal is dismissed as withdrawn in respect of the

appellants 2, 4 and 6 are concerned and dismissed as abated in respect of the

appellants 1, 3 and 5 are concerned. No costs. The connected Civil

Miscellaneous Petition is also closed.

25.04.2023

Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

arb

To:

1.The Sub Judge, Namakkal.

2.The Principal District Munsif, Namakkal.

3.The Section Officer, Vernacular Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis S.A.No.995 of 2009

V.LAKSHMINARAYANAN, J.

arb

S.A.No.995 of 2009 and C.M.P.No.14404 of 2016

25.04.2023

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