Natarajan(Died) v. G. Valaramathi W/O. Of Ganesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 24.03.2025 CORAM :
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP and M.P.No.1 of 2010
1. Natarajan (Died)
2. Backiyam
3. Indira Gandhi
4. M.Saratha ...Appellants in S.A.No.473 of 2010
1. Natarajan (Died)
2. Backiyam
3. Indira Gandhi
4. Rajkumar
5. M.Saratha ...Appellants in S.A.No.474 of 2010 Versus.
1. G.Valarmathi
2. Rajkumar
...Respondents in S.A.No.473 of 2010
1. A.Syed Ali Anvar
2. G.Valarmathi
3. Syed Asya Balkesh
...Respondents in S.A.No.474 of 2010
Prayer in S.A.No.473 of 2010: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree in A.S.No.196 of 2007 on the file of the I Additional Sub-Court, Salem dated 18.12.2009 in reversing the
judgment and decree in O.S.No.2075 of 2004 on the file of the II Additional District Munsif Court, Salem dated 10.08.2007. Prayer in S.A.No.474 of 2010: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree in A.S.No.204 of 2007 on the file of the I Additional Sub Court, Salem dated 18.12.2009 in reversing the judgment and decree in O.S.No.1293 of 2004 on the file of the II Additional District Munsif Court, Salem dated 10.08.2007. For Appellants (in both Appeals) : M/s.V.Srimathi For Respondents : Mr.A.Sundaravadhanan (for R1 in S.A.No.473 of 2010 and R1 to R3 in S.A.No.474 of 2010) For R2 in S.A.No.473 of 2010 : No Appearance COMMON JUDGMENT Appeal in S.A.No.473 of 2010 is filed against the judgment and decree in A.S.No.196 of 2007 on the file of the I Additional Sub-Court, Salem dated 18.12.2009 in reversing the judgment and decree in O.S.No.2075 of 2004 on the file of the II Additional District Munsif Court, Salem dated 10.08.2007.
2. Appeal in S.A.No.474 of 2010 is filed against the judgment and decree in A.S.No.204 of 2007 on the file of the I Additional Sub Court, Salem dated 18.12.2009 in reversing the judgment and decree in O.S.No.1293 of 2004 on the file of the II Additional District Munsif Court, Salem dated 10.08.2007.
3. Learned Counsel for the Respondents submits that both the Second Appeals were dismissed and subsequently the same were restored. Meanwhile, the Respondents had proceeded with execution of decree in R.E.P.No.129 of 2017 in O.S.No.2075 of 2004. The suit in O.S.No.2075 of 2004 was filed seeking declaration of title and recovery of possession which was decreed in favour of the Plaintiff. The other suit was filed by the Defendant for injunction that was dismissed.
Learned Counsel for the Respondents submits that the learned II Additional District Munsif, Salem in R.E.P.No.129 of 2017 in O.S.No.2075 of 2004 vide order dated 24.01.2024 had recorded the delivery of property and terminated the Execution petition, therefore, nothing survives. Both the
Second Appeals are to be dismissed as infructuous. In view of the above submission, both the Second Appeals are dismissed as infructuous. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.
24.03.2025 Shl Index : Yes/No Speaking/Non-speaking order To:
1. The II Additional District Munsif, Salem.
2. The I Additional Sub Judge, Salem.
3. The Section Officer, V.R Section High Court of Madras.
SATHI KUMAR SUKUMARA KURUP, J.
shl S.A.Nos.473 and 474 of 2010 and M.P.No.1 of 2010 24.03.2025