C. Swaminathan vs Saint Antony'S Church
2024 Latest Caselaw 2159 Mad

Madras High Court

C. Swaminathan vs Saint Antony'S Church on 1 February, 2024

                                                                               SA.No.2121 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 01.02.2024

                                                         CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                                   SA.No.2121 of 2002

                    C. Swaminathan                                            : Appellant

                                                          -vs-
                    Saint Antony's Church
                    Marneri, Mekalathur Post,
                    Thorugh Via, Thanjavur Taluk
                    Thanjavur District.
                    rep. by its Parish Priest Catholic
                    Rev. Fr.Joseph Antonyraj                                   : Respondents


                    PRAYER: The Second Appeal is filed under Section 100 C.P.C against

                    the Judgment and decree, dated 14.03.2022 made in A.S.No.10 of 2002 on

                    the file of the Court of the Principal District Judge, Thanjavur reversing

                    the Judgment and Decree, dated 05.11.2001 made in O.S.No.90 of 2000 on

                    the file of the Court of District Munsif, Thiruvaiyaru.



                                  For Appellant              :    Ms.M. Parameswari

                                  For respondent             :    No appearance



                   1
https://www.mhc.tn.gov.in/judis
                                                                                SA.No.2121 of 2002


                                                       JUDGMENT

The sole appellant in this appeal died on 04.05.2013. However,

the Legal Representatives are not brought on record within 90 days from

the date of death of the sole appellant. Subsequently, the applications were

filed in CMP(MD).Nos.3113, 3116 and 3118 of 2023 to condone the delay

of 2654 days in filing an application seeking to set aside the abatement

caused due to the death of the sole appellant. The said applications were

allowed subject to the payment of cost of Rs.50,000/- by a learned Single

Judge of this Court by order, dated 26.04.2023. As the said order was not

complied by the petitioner in said applications, the said CMPs stood

dismissed and accordingly, the same was taken note of by this Court on

02.06.2023. Thus, the abatement of the main appeal due to the death of the

sole appellant has become final. In the circumstances, the same is taken

note of and it is declared that the Second Appeal is dismissed as abated.

2. Accordingly, the Second Appeal is dismissed as abated. No

costs.

                                                                                    01.02.2024
                    Internet : Yes / No
                    Index    : Yes / No
                    trp

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

To

1. The Principal District Judge, Thanjavur

2. The Court of District Munsif, Thiruvaiyaru.

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

MUMMINENI SUDHEER KUMAR. J.

trp

01.02.2024

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