Velankanni Sri ... vs Velankanni Saint Arokiyamatha ...
2023 Latest Caselaw 339 Mad

                                                                           S.A.No.480 of 2005


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              Dated : 05.01.2023

                                                    CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                               S.A.No.480 of 2005

                     Velankanni Sri Rajadhagirieeswarar
                     Swamy Koil Trust,
                     rep. by its Trustee
                     Muruganantham,
                     s/o. Vairappa Thevar,
                     5/93, Nadutheru,
                     Velankanni,
                     Nagapattinam District.                         ...Appellant

                                                      Vs.

                     1.Velankanni Saint Arokiyamatha Church
                     rep. by its Reverant Father
                     Velankanni, Keevaloor Taluk,
                     Nagapattinam District.

                     2.Nataraja Thevar                              ...Respondents



                     Prayer: Second Appeal is filed under Section 100 of the Code of

                     Civil Procedure against the Judgment and Decree of the District

                     Court, Nagapattinam dated 30.09.2004 made in A.S.No.43 of 2004

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.480 of 2005


                     confirming the Judgement and Decree of Additional Sub Court,

                     Nagapattinam dated 02.12.2003 made in O.S.No.19 of 1999.



                                       For Appellant     :     Mr.A.Arunbabu

                                       For Respondent 1:       Mr.R.Thirugnanam

                                       For Respondent 2:       No Appearance.



                                                         JUDGMENT

In the above Second Appeal, the appellant has filed a petition in

C.M.P.No.388 of 2023 seeking permission of this Court to dismiss the

above Second Appeal as withdrawn with a liberty to work out their

remedy in O.S.No.36 of 2016, pending on the file of the Sub Court,

Nagapattinam. The said suit has been filed after the filing of this

Second Appeal.

2. The said petition is ordered as prayed for and accordingly the

above Second Appeal is dismissed as withdrawn with a liberty to the

appellant to work out their remedy in O.S.No.36 of 2016, pending on

https://www.mhc.tn.gov.in/judis S.A.No.480 of 2005

the file of the Sub Court, Nagapattinam, without prejudice to the

rights of the either parties in the said suit. No costs.

                                                                                05.01.2023

                     Index        : Yes/No
                     Internet     : Yes/No
                     kan

                     To

                     1.The District Court,
                     Nagapattinam.

2.The Additional Sub Court, Nagapattinam

https://www.mhc.tn.gov.in/judis S.A.No.480 of 2005

P.T. ASHA, J,

kan

S.A.No.480 of 2005

05.01.2023

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