Chandra vs Mohammed Hakkeem
2022 Latest Caselaw 11643 Mad

                                                                    C.M.A.(MD)No.1266 and 1267 of 2014



                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 30.06.2022

                                                    CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                       C.M.A.(MD)Nos.1266 and 1267 of 2014
                                                      and
                                           M.P.(MD)Nos.2 and 2 of 2014


                 1. Chandra
                 2. N.Jothilakshmi
                 3. N.Muthuramalingam
                 4. N.Murugan
                 5. N.Ganapathy
                 6. N.Devilakshmi
                 7. N.Sakthivel
                    (cause title accepted vide order, dated 27.06.2014
                      made in MP(MD)Nos.1 & 1/2014)
                                                             ... Appellants in both CMAs

                                                       Vs.
                 1. Mohammed Hakkeem
                 2. Abubakkar Sithik
                 3. Fatima Beevi
                 4. Bava sikkandhar @ Kalaiman Boi        ... Respondents in both CMAs



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                                                                    C.M.A.(MD)No.1266 and 1267 of 2014

                 Prayer in CMA(MD)No.1266 of 2014 : This Civil Miscellaneous Appeal is
                 filed under Section 104 r/w. Order 43 Rule 1(u) of the Code of Civil
                 Procedure, against the fair and executable order, dated 29.01.2014, passed in
                 A.S.No.92 of 2011, on the file of the Additional Subordinate Judge,
                 Tirumangalam Camp Court reversing the judgment and decree, passed in
                 O.S.No.119 of 1999, dated 22.02.2011, on the file of the District Munsif,
                 Tirumangalam and remanding the case to the trial Court.


                 Prayer in CMA(MD)No.1267 of 2014 : This Civil Miscellaneous Appeal is
                 filed under Section 104 r/w. Order 43 Rule 1(u) of the Code of Civil
                 Procedure, against the fair and executable order, dated 29.01.2014, passed in
                 A.S.No.93 of 2011, on the file of the Additional Subordinate Judge,
                 Tirumangalam Camp Court reversing the judgment and decree, passed in
                 O.S.No.267 of 2001, dated 22.02.2011, on the file of the District Munsif,
                 Tirumangalam and remanding the case to the trial Court.


                                  (In both CMAs)
                                  For Appellants            : Mr.N.Vallinayagam
                                  For Respondents 1 to 3    : Mr.M.M.Iqbal


                                               COMMON JUDGMENT


                                  These Appeals are filed against the order, dated 29.01.2014,

                 passed in A.S.Nos.92 and 93 of 2011, on the file of the Additional

                 Subordinate Judge, Tirumangala Camp Court reversing the judgment and


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                                                                          C.M.A.(MD)No.1266 and 1267 of 2014

                 decree, passed in O.S.No.119 of 1999 and O.S.No.267 of 2001, dated

                 22.02.2011, on the file of the District Munsif, Tirumangalam and remanding

                 the case to the trial Court.



                                  2. On the side of the appellants, it is stated that these appeals were

                 filed against the order of remand, whereas, the case was remanded to the

                 lower Court and the suits were already disposed of and appeals against the

                 suits were also disposed of and the appeals become infructuous.



                                  3. In view of the submission made by the learned counsel for the

                 appellants, these appeals are dismissed as infructuous.                       No costs.

                 Consequently, connected Miscellaneous Petitions are closed.



                                                                                             30.06.2022

                 Ls

                 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.




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                                                             C.M.A.(MD)No.1266 and 1267 of 2014



                                                                         R. THARANI, J.

Ls

To

1.The Additional Subordinate Judge, Tirumangalam Camp Court.

2.The District Munsif, Tirumangalam.

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

Judgment made in C.M.A.(MD)Nos.1266 and 1267 of 2014

30.06.2022

https://www.mhc.tn.gov.in/judis