H.Muthaliff vs Dhakshinamara Nadar Sangam
2021 Latest Caselaw 1242 Mad

                                                                      S.A.(MD)Nos451, 453 and 454 of 2005

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 20.01.2021

                                                   CORAM:

                           THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                    S.A.(MD)Nos.451, 453 and 454 of 2005
                               and C.M.P.(MD)Nos.3556, 3558 and 3559 of 2005
                                         and M.P.(MD)No.1 of 2015

                 H.Muthaliff                                            ... Appellant in
                                                                           S.A.(MD)No.451/2005

                 M.B.Seeni Mohammed                                     ... Appellant in
                                                                            S.A.(MD)No.453/2005

                 Meivazhi Sevvel Anandhar                               ... Appellant in
                                                                            S.A.(MD)No.454/2005


                                                     Vs.

                 Dhakshinamara Nadar Sangam
                 Tirunelveli Junction
                 Rep. by its Secretary
                 Commissioner
                 M.S.Arunachala Nadar                                     ... Respondent in
                                                                              all the S.As.

                 COMMON PRAYER: Second Appeals filed under Section 100 of Civil
                 Procedure Code, against the decree and judgment dated 27.07.2004 rendered in
                 A.S.Nos.191, 213 and 199 of 2002 on the file of the First Additional Subordinate
                 Judge, Madurai, reversing the decree and judgments dated 30.07.2002, 05.08.2002
                 and 30.07.2002 rendered in O.S.No.1674 of 1993, O.S.No.345 of 1994 and

                 1/4
http://www.judis.nic.in
                                                                       S.A.(MD)Nos451, 453 and 454 of 2005

                 O.S.No.1688 of 1993 on the file of the Principal District Munsif of Madurai
                 Town.


                                   For Appellant      : Mr.G.Aravindhan
                                   (In all S.As)

                                   For Respondent     : Mr.R.T.Arivukumar
                                   (In all S.As)


                                          COMMON JUDGMENT

                          These Second Appeals are filed against the decree and judgment dated

                 27.07.2004 rendered in A.S.Nos.191, 213 and 199 of 2002 on the file of the First

                 Additional Subordinate Judge, Madurai, reversing the decree and judgments dated

                 30.07.2002, 05.08.2002 and 30.07.2002 rendered in O.S.No.1674 of 1993,

                 O.S.No.345 of 1994 and O.S.No.1688 of 1993 respectively on the file of the

                 Principal District Munsif of Madurai Town.



                             2. When these Second Appeals are taken up for hearing, it is

                 submitted by the learned counsel appearing for the respondent that the tenants

                 have already been vacated from the premises and there is no arrears of rent due or

                 payable by the appellant to the respondent. Therefore, these Second Appeals have

                 become infractuous, as nothing survives for further adjudication in these Second

                 Appeals. The said statement is recorded.


                 2/4
http://www.judis.nic.in
                                                                        S.A.(MD)Nos451, 453 and 454 of 2005

                           3. The said fact is not disputed by the learned counsel appearing for the

                 appellant.



                           4. In such view of the matter, these Second Appeals are dismissed as

                 infractuous. No costs. Consequently, connected miscellaneous petitions are also

                 closed.



                                                                                 20.01.2021
                 Index : Yes/No
                 Internet : Yes/No

                 vsm

                 Note: In view of the present lock down owing to COVID-19
                      pandemic, a web copy of the order may be utilized for official
                      purposes, but, ensuring that the copy of the order that is
                      presented is the correct copy, shall be the responsibility of the
                      advocate/litigant concerned.

                 To
                 1.The First Additional Subordinate Judge, Madurai.
                 2.The Principal District Munsif, Madurai Town.
                 3.The Section Officer,
                   Vernacular Records,
                   Madurai Bench of Madras High Court,
                   Madurai.




                 3/4
http://www.judis.nic.in
                                              S.A.(MD)Nos451, 453 and 454 of 2005

                                                N.SATHISH KUMAR, J.

vsm

S.A.(MD)Nos.451, 453 and 454 of 2005 and C.M.P.(MD)Nos.3556, 3558 and 3559 of 2005 and M.P.(MD)No.1 of 2015

20.01.2021

http://www.judis.nic.in