Madras High Court
B.A.Muruganantham vs The Victoria Edward Hall on 19 June, 2025
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
S.A(MD).No. 298 of 2019
and
C.M.P(MD).No.10884 of 2019
1.B.A.Muruganantham
2.V.Maragathavel
3.N.Raman
4.S.Jeyasingh
5.S.Manickam
6.K.S.Sivakumar ... Appellants
Vs.
1. The Victoria Edward Hall
Through its Secretary,
32-B, West Veli Street,
Madurai.
2.I.Ismail
3.P.Sudalai
4.N.R.V.Jawaharlal
5.N.Singaraj
6.R.Balachandran
7.M.Ibrahim Basha
M.Karuppaiah (died)
8.K.Mahalingam
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2
9.D.Nallathambi
10.G.Palanivel Rajan
A.Rathinam (died)
11.R.Sannasi
12.A.Stephen
13.S.Venkatesh Mohan
14.V.Murugan
15.Sarvodaya Illakkiya Pannai
16.S.Manickam
17.British Bakery
18.Madurai United Club
Through its Secretary
19.M/s.Hotel Sangeeth
Through its Proprietor
20.M/s.B.Balasubramanian and B.SAnkar
21.M/s.Sri Prema Vilas Sweet Stall
Through its Proprietor
22.M/s.Kumar Electronics
Through its Proprietor
23.M/s.STar Mobules
Through its Proprietor
24.M/s.T.V.Traders
Through its Proprietor
25.S.Sikkanthar
26.M/s.K.Saravanan
27.R.Lingammal
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3
28.M.Sahayaraj & Jesu
29.Aynul Hakkin
30.Prem Nazir
31.A.P.Deepan,
32.M.Rajalakshmi
33.M/s.Raja Electronics
Through its Proprietor
34.M/s.King Mobiles
Through its Proprietor
35.K.Manjula Sundar
36.D.Angayarkanni
Through its Proprietor
37.M/s.D.Nursery Garden
Through its Proprietor
38.R.Ramesh
39.R.Ramkumar, ... Respondents
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, to set aside judgment and decree dated 12.02.2019 made in A.S.No.54
of 2017 on the file of the VI Additional District Judge, Madurai, confirming
the judgment and decree dated 22.08.2017 made in O.S.No.932 of 2014 on
the file of the III Additional Subordinate Judge, Madurai.
For Appellants : No representation (for A2, A4 and A6)
A3 & A5- sent
A1 -Tapal returned
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4
For Respondents : Mr.M.Rajaram (for R1 to R13)
Mr.M.Bismillakhan (for R14)
R15 to R17, R19 to R24, R27 to R39
ex-parte vide in EB
R25-dispensed with vide in EB
R26-TApal returned 'unclaimed'
R18 -No appearance
JUDGMENT
When this second appeal was listed for hearing on 16.06.2025, the
following order was passed:
“Since the appellants' counsel on record died, this
Court, by an order, dated 06.11.2024, directed the Registry to
issue notice to the appellants for hearing on 28.11.2024.
Pursuant to the said order, Mr.Muthukumaran, learned
counsel, submitted that he would file vakalat, as the vakalat
already filed by him for appellants 2,4 and 6 was returned.
He has entered appearance for appellants 2,4 and 6 on
11.12.2024. Notices sent to appellants 3 and 5 have been
served and their names are printed in the cause list.
However, notice sent to first appellant alone has been
returned as ''no such addressee''.
The Second Appeal, thereafter, was listed on
28.01.2025. Since there was no representation for the
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appellants, the case was directed to be listed on 31.01.2025.
However, the appeal is listed today, for hearing. Even today,
there is no representation on the side of the appellants.
Post the matter for dismissal on 19.06.2025.”
2. Even today i.e., 19.06.2025, when the second appeal is listed under
the caption 'for dismissal', there is no representation on behalf of the
appellants. It is evident that the appellants are not interested in prosecuting
the appeal.
3. In view of the above, this Second Appeal is dismissed for non-
prosecution. However, there shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
19.06.2025
NCC : Yes / No
Index : Yes / No
Rmk
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To
1.VI Additional District Judge, Madurai.
2.III Additional Subordinate Judge, Madurai.
3.VR Section,
Madurai Bench of Madras High Court,
Madurai.
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G.ARUL MURUGAN, J.
Rmk
19.06.2025
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