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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2020
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.765 of 2010 and M.P.No.1 of 2010 (Heard through video conferencing)
Kandasamy S/o Chidambara Mudaliar 14, Thirumanjana Gopura Street, Tiruvannamalai Town District. ... Appellant Vs Arulmighu T.P.S. Charities, Tiruvannamalai represented by Its executive Officer, having its office at Kanni Koil Street, Tiruvannamalai Town. ... Respondent
Prayer:- This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.48 of 2005, dated 28.02.2006 on the file of the Principal Subordinate Judge, Tiruvannamalai confirming the judgment and decree as made in O.S.No.116 of 1997 dated 23.03.2005 on the file of the Additional District Munsif, Tiruvannamalai.
For Appellant :Mr.R.Bharanidharan For Respondent :Mr.R.Swaminathan
JUDGMENT
The learned counsel for the appellant submits that the whereabouts of the appellant not known. The communication sent by him was returned as “no such person in the address”. The learned counsel has also filed a memo to that effect. This indicates that the appellant has vacated the suit property which is the subject matter of the second appeal. Hence, nothing survives in the second appeal.
2.In view of the above position, this Second Appeal is dismissed. The said memo filed by the learned counsel for the
appellant shall form part of the record. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
filed by the Counsel for Appellant enclosed
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1.The Principal Subordinate Judge,
Tiruvannamalai.
2.The Additional District Munsif,
Tiruvannamalai.
S.A.No.765 of 2010
spd[co]
srg 24/09/2020
Kandasamy S/o Chidambara Mudaliar
Arulmighu T.P.S. Charities, Tiruvannamalai
DR.JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
