The Madurai Bench of the Madras High Court dismissed the second appeal for lack of prosecution as the appellant attended no hearing and was absent during the scheduled hearing date, with no instructions reported.
The Second Appeal was dismissed for non-prosecution. No costs. The connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SA(MD)No.660 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE: 19.11.2021
CORAM
THE HON'BLE MRS.JUSTICE V. BHAVANI SUBBAROYAN
SA(MD)No.660 of 2009 & MP(MD)No.1 of 2009
M.Saburan Jameela ... Appellant / Defendant / Cross Objector
vs.
Arul Migu Kailasanathar Temple, Vazhthur, Rep. by its Executive Officer, Sri Kothandaramar Temple, Agraharam, Ayyampettai, Papanasam Taluk. ... Respondent / Plaintiff / Respondent in cross Objection
Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree in AS.No.83 of 2006 and Cross Objection in IA.No.6 of 2008 in AS.No.83 of 2006 dated 13.03.2009 on the file of the Principal Sub Judge, Kumbakonam modifying the judgment and decree in OS.No.162 of 1999 dated 17.02.2006 on the file of the District Munsif Cum Judicial Magistrate at Papanasam.
For Appellant : No appearance For Respondent : Mr.V.Chandrasekar
JUDGMENT
When the matter was taken up for hearing on 10.09.2014, the learned counsel for the appellant reported no instructions and hence the Registry was directed to issue notice to the appellant. Tapal returned as 'no such addressee'.
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SA(MD)No.660 of 2009
prosecution. No costs. Consequently, the connected miscellaneous petition is closed.
Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mbi
Note: In view of the present lock down owing to COVID 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To 1.The Principal Sub Court, Kumbakonam. 2.The District Munsif Cum Judicial Magistrate, Papanasam.
Copy to The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
SA(MD)No.660 of 2009 & MP(MD)No.1 of 2009 19.11.2021
SJ(CO) SB(01.12.2021) 2P 5C
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1 issue framed by the court
Whether to allow the second appeal filed by the appellant who failed to appear before the court.
1 provisions across 1 enactments
MSaburan Jameela
Arul Migu Kailasanathar Temple
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
