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Madras High CourtAS(MD)/12/2014dismissed

Sri Ramakrishna Tapovanam v. The Idols Of Muthalamman &Shri

2021-03-03Honourable Mr Justice N. Sathish Kumar2 pages

A.S.(MD).No.12 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.S.(MD).No.12 of 2014 and M.P.(MD).No.1 of 2014 Sri Ramakrishna Tapovanam Tirupparaithurai A registered Society, Represented by its Secretary, Tirupparaithurai, Tiruchirappalli Taluk, Trichirappalli District.

: Appellant / 1st Defendant Vs.

The Idols of Sri Muthalamman and Sri Malai Tambiran at Kodangipatti represented by their Hereditary Trustees. 1.Gunasekaran 2.Palaniswamy : 1st and 2nd Respondents / Plaintiffs 3.Sri.Swami Athamananda 4.Smt.Paranjothiammal 5.Machammal 6.The Commissioner, HR & CE, Chennai, having office at Chennai-34.

7.The Joint Commissioner, HR & CE, Tiruchirappalli, having Office at Trichy-6. 8.The Registrar, Bharathidasan University, Tiruchirappalli, having Office at Tiruchirappalli-24.

: Respondents 3 to 8 / Defendants 2 to 7 Prayer : Appeal is filed under Section 96 of the Code of Civil Procedure praying to set aside the decree and judgment 16.12.2013 made in O.S.No.22 of 2005, on the file of the learned Principal District Judge, Karur.

For Appellant : Mr.T.Antony Arulraj For R-1 & R-2 : Mr.M.P.Senthil For R-3 : Dispensed with For R-4 & R-5 : Mr.M.R.Srinivasan For R-6 & R-7 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R-8 : Mr.A.L.Kannan ******** https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S.(MD).No.12 of 2014

J U D G M E N T

*********** This Appeal has been filed as against the finding of the Court below in decreeing the suit for recovery of possession.

2. It is submitted by the learned counsel for the appellant that now the appellant has approached the Department for fresh lease in respect of 50 acres of land and the Department has conducted an inspection and also demarcated the area to be leased to the appellant. It is further submitted by the appellant that nothing further is required to be tried in this appeal.

3. In view of the submission made by the learned counsel for the appellant, the appeal stands dismissed. It is for the appellant to work out their remedy before the concerned Department and expedite the proceedings before the Department for fresh lease. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg To 1.The Principal District Judge, Karur.

2.The Record Keeper, V.R.Section,( 2 copies ) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M.P.SENTHIL, Advocate ( SR-8604[F] dated 04/03/2021 ) +1 CC to Mr.R.NANDAKUMAR, Advocate ( SR-8505[F] dated 03/03/2021 ) +1 CC to M/s.SPL GP ( SR-8758[F] dated 04/03/2021 ) +1 CC to Mr.D.RAJ KUMAR, Advocate ( SR-9256[F] dated 05/03/2021 ) Judgment made in A.S.(MD).No.12 of 2014 Dated: 03.03.2021 VB (22.03.2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2