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Madras High CourtSA(MD)/710/2005dismissed as infructuous

Madurai City Municipal Corpn. v. R.Sharbudeen(Died)

2025-02-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Madurai City Municipal Corporation, Thallakulam, Madurai through its Commissioner, Tallakulam, Madurai.

... Appellant/Respondent/Defendant Vs.

R.Sharbudeen (Died) ... Respondent/Appellant/Plaintiff (Memo dated 09.01.2025 filed on 24.01.2025 in USR No.3662, is received as sole respondent died. Recorded on 04.02.2025) PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 29.10.2004 passed in A.S.No.137 of 1994 on the file of the 1st Additional District Court, Madurai in reversing the Judgment and Decree dated 22.07.1994 passed in O.S.No.1331 of 1990 on the file of the Principal District Munsif Court, Madurai Town.

For Appellant : Ms.S.Devasena For Respondents : Mr.N.Tamilmani 1/3

JUDGMENT

The Assistant Commissioner, Revenue, attached to the Corporation, Madurai, has filed his report stating that the property was sold to the deceased sole respondent, who is now reported to be dead. Now the legal heirs of the deceased respondent are in occupation. The report is placed on record. In view of the above said report, now the matter has become infructuous. Accordingly, this second appeal is dismissed as infructuous. No costs.

18.02.2025 Index :

Yes / No Internet :

Yes / No TM To 1.The I Additional District Judge, Madurai.

2.The Principal District Munsif, Madurai Town. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

2/3

G.ILANGOVAN ,J.

TM 18.02.2025 3/3