The Kumbakona Diocese Society v. T.Manoahran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI The Kumbakonam Diocese Society, Kumbakonam, by its Procurator, Rev. Fr.Santiago, Office at Bishop's House, Kamaraj Road, Kumbakonam ...Appellant vs.

T.Manoharan ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 04.02.2003 in A.S.No.172 of 2000 on the file of the Additional Subordinate Court, Kumbakonam confirming the Judgment and Decree dated 24.04.2002 in O.S.No.447 of 1998 on the file of the District Munsif Court, Kumbakonam.

For Appellant :

Mr.P.Thiyagarajan For Respondent :

No appearance

JUDGMENT

The learned counsel for the appellant has filed a Memo dated 18.10.2023 to the effect that the respondent has surrendered the possession of the suit schedule property to the appellant in May 2005, and at present, the appellant is in possession and enjoyment of the suit schedule property by letting out the same to the third parties from May 2005 onwards. Memo dated 18.10.2023 is hereby recorded. Along with this Memo, copy of the letter of appellant is also enclosed.

2. The learned counsel for the appellant would also submit that as nothing survives in this appeal, the appeal may be dismissed as not pressed. He has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel for the appellant, the appeal stands dismissed as not pressed. No costs.

18.10.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Additional Subordinate Judge, Kumbakonam 2.The District Munsif, Kumbakonam 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

R.KALAIMATHI , J.

mbi 18.10.2023