Madras High CourtSA/1981/2004closed

Vijayapuram Market Street v. Magani Mudal Husanath Arabi

2018-11-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22-11-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Second Appeal No.1981 of 2004 And C.M.P.Nos.16360 of 2004 and 3564 of 2007 Vijayapuram Market Street Vegetable Vendors Association, Represented by its President, Govindaraj and Secretary T.Sekar (In a Representative capacity on behalf of Association and its members) .. Appellant/Plaintiff ..Vs..

1.Magani Mudal Husanath Arabi Madarasa; Represented by Nattanmai M.Ameer Ali and Secretary, M.I.Tajudeen.

2.Muslim Havinmurai Jamath Represented by its President .. Respondents/Defendants Second Appeal is preferred under Section 100 of the Code of Civil Procedure, against the judgment and decree passed in A.S.No.9 of 2003 on the file of Sub Court, Tiruvarur dated 16.7.2004, reversing the judgment and decree passed in O.S.No.33 of 2001 dated 7.10.2002 on the file of the District Munsif Court, Tiruvarur.

For Appellant : Mr.Srinath Sridevan For Respondent-1 : Ms.V.Srimathi For Respondent-2 : Ms.K.M.Nalinishree

J U D G M E N T

The respective learned counsels appearing on behalf of the appellant and the respondent have made a submission that the buildings in question were demolished and reconstructed and a new market was constituted. This being the factum, the cause aroused for the institution of the suit by the plaintiff became vanished. Thus, no further adjudication needs to be entertained https://hcservices.ecourts.gov.in/hcservices/

in respect of the issues between the parties concerned. Accordingly, the Second Appeal stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn To 1.Subordinate Judge, Sub Court, Tiruvarur.

2.District Munsif Court, Tiruvarur.

Copy to: The Section Officer, VR Section, High Court, Madras. + 1 cc to Mr. V. Raghavachari, advocate Sr.79856 S.A.No.1981 of 2004 SV(CO) EU(12/12/2018) https://hcservices.ecourts.gov.in/hcservices/