Madras High CourtSA(MD)/451/2005dismissed

H.Muthaliff v. Dhakshinamara Nadar Sangam

2021-01-20Honourable Mr Justice N. Sathish Kumar2 pages

S.A.(MD)Nos451, 453 and 454 of 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.A.(MD)Nos.451, 453 and 454 of 2005 and C.M.P.(MD)Nos.3556, 3558 and 3559 of 2005 and M.P.(MD)No.1 of 2015 H.Muthaliff ... Appellant/Respondent/Defendant in S.A.(MD)No.451/2005 M.B.Seeni Mohammed ... Appellant /Respondent/Defendant in S.A.(MD)No.453/2005 Meivazhi Sevvel Anandhar ... Appellant /Respondent/Defendant in S.A.(MD)No.454/2005 Vs.

Dhakshinamara Nadar Sangam Tirunelveli Junction Rep. by its Secretary Commissioner M.S.Arunachala Nadar ... Respondent/Appellant/Plaintiff in all the S.As.

COMMON PRAYER: Second Appeals filed under Section 100 of Civil Procedure Code, against the decree and judgment dated 27.07.2004 rendered in A.S.Nos.191, 213 and 199 of 2002 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgments dated 30.07.2002, 05.08.2002 and 30.07.2002 rendered in O.S.No.1674 of 1993, O.S.No.345 of 1994 and O.S.No.1688 of 1993 on the file of the Principal District Munsif of Madurai Town. For Appellant : Mr.G.Aravindhan (In all S.As) For Respondent : Mr.R.T.Arivukumar (In all S.As) COMMON JUDGMENT These Second Appeals are filed against the decree and judgment dated 27.07.2004 rendered in A.S.Nos.191, 213 and 199 of 2002 on the file of the First Additional Subordinate Judge, Madurai, reversing the decree and judgments dated 30.07.2002, 05.08.2002 and 30.07.2002 rendered in O.S.No.1674 of 1993, O.S.No.345 of 1994 and O.S.No.1688 of 1993 respectively on the file of the Principal District Munsif of Madurai Town.

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S.A.(MD)Nos451, 453 and 454 of 2005

2. When these Second Appeals are taken up for hearing, it is submitted by the learned counsel appearing for the respondent that the tenants have already been vacated from the premises and there is no arrears of rent due or payable by the appellant to the respondent.

Therefore, these Second Appeals have become infractuous, as nothing survives for further adjudication in these Second Appeals. The said statement is recorded.

3. The said fact is not disputed by the learned counsel appearing for the appellant.

4. In such view of the matter, these Second Appeals are dismissed as infractuous. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The First Additional Subordinate Judge, Madurai. 2.The Principal District Munsif, Madurai Town. 3.The Section Officer,(2 copies) Vernacular Records, Madurai Bench of Madras High Court, Madurai.

+2 CC to Mr.R.T.ARIVU KUMAR, Advocate ( SR-1509,1510[F] dated 21/01/2021 ) S.A.(MD)Nos.451, 453 and 454 of 2005 and C.M.P.(MD)Nos.3556, 3558 and 3559 of 2005 and M.P.(MD)No.1 of 2015 20.01.2021 VB (03.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2