Madras High CourtSA/1208/2004disposed of

M.Rathinam Ammal v. M/S.S.Duraipandi

2023-11-28Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI 1.M.Rathinamammal(Died) 2.R.Ramajayam 3.M.Sundary 4.Ramasamy 5.Rani Kowsalya ... Defendants/Respondents/ Appellants (A4 and A5 are brought on record as LRs of the deceased first appellant vide order dated 17.08.2011) -Vs1.S.Duraipandi(Died) 2.D.Sivakumar 3.Dhanayandhi 4.Kannan 5.Ganesan 6.Poongkodi ... Plaintiffs/Appellants/ Respondents (R3 to R5 are brought on record as LRs of the deceased R1 vide order dated 03.10.2012)

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment, dated 12.11.2003 made in A.S.No. 35 of 2003 on the file of the Sub-Court, Virudhunagar, reversing the decree and judgment, dated 10.01.2003 made in O.S.No.135 of 2001 on the file of the District Munsif Court, Virudhunagar.

For Appellants : M.Saravanan For R2 to R6 : Mr.V.Meenakshi Sundaran for Mr.D.Nallathambi

J U D G M E N T

The first and the second respondents/plaintiffs laid a suit in O.S.No.135 of 2001 before the District Munsif, Virudhunaga,r for permanent injunction not to evict them except under due process of law and it was dismissed by the trial Court. Against which, the plaintiffs preferred an appeal in A.S.No.35 of 2003 on the file of the Subordinate Court, Virudhunagar. The said appeal was allowed by setting aside the judgment and decree passed in O.S.No.135 of 2001. Against which, the defendants are before this Court.

2.In the mean while, the defendants had initiated the proceedings before the Rent Controller in R.C.O.P.No.20 of 2001. 3.The learned counsel appearing for the appellants would submit that in the said RCOP, eviction was ordered and against which, RCA No.8 of 2003, is preferred and the same is disposed of by judgment dated 12.11.2003.

4.In the said circumstances, nothing survives for adjudication in the appeal and hence, this Second Appeal stands disposed of. No costs. 28.11.2023 NCC:Yes/No Index:Yes/No Internet::Yes/No

R. KALAIMATHI ,J.

Ns To

1. The Sub-Court, Virudhunagar.

2.The District Munsif Court, Virudhunagar.

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

28.11.2023