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Madras High CourtSA/1102/2008dismissed as infructuous

M. Shankar v. The Executive Officer

2019-12-10Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2019

CORAM

THE HON'BLE MR.JUSTICE V.PARTHIBAN SECOND APPEAL NO.1102 OF 2008 & M.P.NO.1 OF 2008

1. M.Shankar

2. A.Gopal

3. Kalavathi

4. Vijayamani

5. Unnamalai

6. K.A.Elumalai

7. Dhanalakshmi

8. K.S.Iyyanar

9. Nazina Jan 10.Abdul Niyas 11.Abdul Azaath 12.Soundararajan 13.Kamala 14.Ramachandran 15.Loganathan 16.Parthiban ...Appellant Vs.

1. The Executive Officer, Selection Grade Town Panchayat, Kannankurichi, Salem - 8.

2. The Executive Officer/Assistant Comissioner, Arulmigu Periya Mariyamman Koil, Kannankurichi, Salem

...Respondents

Second Appeal filed under Section 100 of C.P.C 1908 against the Judgment and decree dated 25.09.2006 in A.S.No.78 of 2006 on the file of the Additional Sub Court, Salem confirming the judgment and decree dated 07.07.2005 made in O.S.No.692 of 2000 on the file of the I Additional District Munsif Court, Salem. https://hcservices.ecourts.gov.in/hcservices/

For Appellant .. Ms.K.Ponmani For Respondents .. Mr.R.Babu for R.2 Mr.N.Manikandan, GA for R.1

JUDGMENT

It is represented by the learned counsel appearing on behalf of the appellant that the matter has become infructuous, in view of the fact that H.R.&C.E Department has taken over the possession, which was in favour of the appellant and therefore nothing survives for adjudication in the matter. 2.In view of the same, this Court finds that nothing survives for adjudication in the Second Appeal and consequently, the S.A.No.1102 of 2008 stands dismissed as having become infructuous. Consequently, the connected miscellaneous petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrm To 1.The I Additional District Munsif Court, Salem 2.The Additional Sub Court, Salem Copy To The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.B.Vijayakumar, Advocate, S.R.No.103379 +1cc to Mr.V.Rajesh, Advocate, S.R.No.102874 S.A.No.1102 of 2008 RP(CO) CS/10/02/2020 https://hcservices.ecourts.gov.in/hcservices/