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Madras High CourtSA(MD)/472/2005dismissed

Arulmighu Thiru Courtallanatha v. Muthu

2024-06-28Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR Arulmighu Thiru Courtallanatha Swamy Thirukoil, Courtallam, Through its Executive Officer, Having his office at Courtallam, Tenkasi Taluk.

... Appellant/Appellant Plaintiff Vs.

Muthu ... Respondent/Respondent Defendant PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 20.10.2004 and made in A.S.No.56 of 2004 on the file of the Principal Subordinate Judge, Tenkasi, confirming the judgment and decree, dated 01.04.2004 and made in O.S.No.253 of 2002 on the file of the Principal District Munsif, Tenkasi.

For Appellant : Mr.P.Thiagarajan For Respondent : Mr.D.Nallathambi 1/4

JUDGMENT

This Second Appeal is filed by the plaintiff in the suit. The suit is for recovery of possession.

2. The learned Counsel appearing for the appellant submits that when the second appeal is pending, the respondent / defendant handed over possession of the suit property to the appellant Temple and hence, nothing survives for further adjudication.

3. Recording the said submission made by the learned Counsel for the appellant, this Second Appeal stands dismissed as settled. There shall be no order as to costs.

28.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR 2/4

To 1.The Principal Subordinate Judge, Tenkasi.

2.The Principal District Munsif, Tenkasi.

3.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

3/4

S.SOUNTHAR , J.

BTR Judgment made in Dated:

28.06.2024 4/4