Velankanni Sri Rajadhargirieeswarar Swamy Koil Trust v. Velankanni Saint Arokiyamatha Church and Another

Madras HC5 Jan 2023SA/480/2005

Case brief

AI extract

What is this about?

This second appeal was withdrawn by the appellant with the court's permission, granting liberty to pursue remedies in a subsequently filed suit in the Sub Court without prejudice to either party's rights.

What did the court decide?

Second appeal dismissed as withdrawn with liberty to work out remedy in O.S.No.36 of 2016 without prejudice to rights.

Velankanni Sri Rajadhargirieeswarar Swamy Koil… — Civil Procedure and Limitation | Madras HC (2023)

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S.A.No.480 of 2005

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 05.01.2023

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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S.A.No.480 of 2005

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

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Vs.

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

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2.Nataraja Thevar ...Respondents

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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

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1/4

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

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S.A.No.480 of 2005

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confirming the Judgement and Decree of Additional Sub Court, Nagapattinam dated 02.12.2003 made in O.S.No.19 of 1999.

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For Appellant : Mr.A.Arunbabu For Respondent 1: Mr.R.Thirugnanam For Respondent 2: No Appearance.

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JUDGMENT

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

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

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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.

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The said petition is ordered as prayed for and accordingly the

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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

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2/4

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

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S.A.No.480 of 2005

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

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

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05.01.2023

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Index : Yes/No Internet : Yes/No kan

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1.The District Court, Nagapattinam.

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2.The Additional Sub Court, Nagapattinam

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3/4

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

S.A.No.480 of 2005

P.T. ASHA, J,

kan

S.A.No.480 of 2005

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05.01.2023

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

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Velankanni Sri Rajadhargirieeswarar Swamy Koil Trust v. Velankanni Saint Arokiyamatha Church and Another

Case brief

What is this about?

What did the court decide?

Velankanni Sri Rajadhargirieeswarar Swamy Koil Trust v. Velankanni Saint Arokiyamatha Church and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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