Madras High CourtCMA(MD)/335/2015disposed of

Radhamma, v. The Executive Officer,

2017-11-17Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.335 of 2015 1.Radhamma 2.Prasannakumari ... Appellants Vs.

1. The Executive Officer, Incorporated and Unincorporated Devasoms, Suchindram, Kanyakumari District and Correspondent and Member in the College Committee of Sree Devi Kumari Women's College, Kuzhithurai.

2. The Principal Ex-officio Member in the College Committee of Sree Devi Kumari Women's College, Kuzhithurai.

Gopalan (Died) 3.Leela Gangadharan 4.Krishna Prasad 5.Kanchana Sudha

6. The Commissioner, Hindu Religious and Charitable Endowment (Administration) Department, Madras and President of the College Committee of Sree Devi Kumari Women's College, Kuzhithurai.

7. The Deputy Commissioner, Hindu Religious and Charitable Endowment (Administration) Department, Madras and President of the College Committee of Sree Devi Kumari Women's College, Kuzhithurai.

8. Sarojini Nadarajan, Syndicate Member, Madurai University and Principal, S.F.R.College, Sivakasi and Member representing the Madurai University in the College Coimmittee of Sree Devi Kumari Women's College, Kuzhithurai.

.. Respondents https://hcservices.ecourts.gov.in/hcservices/

Prayer : This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of C.P.C., to set aside the fair and decretal order dated 07.12.2012 passed in I.A.No.24 of 2012 in A.S.No.85 of 2003 on the file of Camp Court Judge at Kuzhithurai, II Additional Subordinate Judge, Nagercoil.

For Appellants : M/s.J.Anandhavalli For Respondents : Mr.H.Thayumanaswamy for RR1 and 2 RR5 and 7 given up No appearance for RR6 and 7

JUDGMENT

The learned counsel appearing for the appellants states that during the pendency of this civil miscellaneous appeal, A.S.No.85 of 2003 itself has been disposed of. The matter has been remitted to the file of the trial Court. Therefore, nothing survives for further adjudication in this civil miscellaneous appeal, in view of the disposal of the first appeal itself. It is however made clear that the appellants herein are at liberty to file an application for impleading themselves in the pending suit. The trial Court will decide the said I.A., if so filed, in accordance with law and uninfluenced by the order dated 07.12.2012 passed in I.A.No.24 of 2012 in A.S.No.85 of 2003 on the file of Camp Court Judge at Kuzhithurai, II Additional Subordinate Judge, Nagercoil. 2.This civil miscellaneous appeal is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judge(Camp Court) Kuzhithurai, II Additional Subordinate Judge, Nagercoil.

2. The Record Keeper,VR Section, Madurai Bench of Madras High Court, Madurai. +1cc to M/s.J.Anandhavalli,Advocate sr.No.88013 ARUL VB/SV/MMS/SAR1/29/11/2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ C.M.A.(MD)No.335 of 2015 17.11.2017