S.M.Abdul Majeed (Died) vs Daruslam Middle School
2023 Latest Caselaw 10427 Mad

Citation : 2023 Latest Caselaw 10427 Mad
Judgement Date : 16 August, 2023

Madras High Court

S.M.Abdul Majeed (Died) vs Daruslam Middle School on 16 August, 2023

                                                                              S.ANo.760 of 2004

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 16.08.2023

                                                     CORAM

                              THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                               S.A.No.760 of 2004
                                                      and
                                             C.M.P.No.5951 of 2004

                     1.S.M.Abdul Majeed (died)
                     2.Hazeena
                     4.Basheera
                     6.Siyaudeen

                     (Appellants 2 to 7 are brought on record as LRs of the
                     deceased sole appellant vide order dated 21.07.2011
                     made in MP(MD)No.2 of 2009)

                                                                                 ... Appellants

                                                          -vs-

                     1.Daruslam Middle School
                       Kadayanallur, thro' its Manager,
                       S.A. Mohammed Mohideen,
                       S/o S.M.Abdul Karim,
                       New Street, Kadayanallur.

                     2.Daruslam Elementary School and Daruslam
                       Higher Secondary School, Thro' its present Manager,
                       S.A. Abdul Wahab, S/o Abdul Rahman Sahib,
                       New Street, Kadayanallur.



                     3.S.A.Fasluddin
                     4.S.A.Sharfuddin
https://www.mhc.tn.gov.in/judis
                     1/5
                                                                                      S.ANo.760 of 2004

                     5.S.A.Mohaideen

                     (Appellants 2, 4, 6 and Respondents 3 to 5 are brought on
                     record as LRs of the deceased sole appellant)

                     (Respondents 3 to 5 are transposed from the appellants 3, 5,
                     and 7 vide court order dated 20.06.2023 made in
                     M.P(MD)No.1 of 2009)
                                                                               ... Respondents

                     PRAYER: Second Appeal filed under Section 100 Code of Civil
                     Procedure against the Judgment and Decree dated 11.02.2003 made in
                     A.S.No.186 of 2001 on the file of the Principal District Judge,
                     Tirunelveli confirming the Judgment and Decree dated 30.04.2001 made
                     in O.S.No.51 of 1982 on the file of the Principal Subordinate Judge,
                     Tenkasi.


                                    For Appellants           ... Mr.A.Arumugam (for A2 & A4)
                                                                 Mr.T.M.Hariharan (for A6)

                                    For Respondents          ... Mr.M.P.Senthil (for R1)
                                                                 Mr.D.Nallathambi (for R2)
                                                                 Mr.T.M.Hariharan (for R3)
                                                                 Mr.S.Palani Velayutham -
                                                                    (for R4 & R5)


                                                            JUDGMENT

The deceased first appellant, as plaintiff filed the suit in O.S.No.51

of 1982 on the file of the Principal Subordinate Judge, Tenkasi, seeking

the relief of declaration and recovery of possession. After full-fledged

trial, the trial Court dismissed the suit. Challenging the said Judgment https://www.mhc.tn.gov.in/judis

S.ANo.760 of 2004

and Decree, the deceased first appellant/plaintiff filed the appeal in

A.S.No.186 of 2001 on the file of the Principal District Judge,

Tirunelveli. After hearing, the first appellate Court, dismissed the appeal

and confirmed the Judgment and Decree passed by the trial Court.

Aggrieved over the same, the deceased first appellant/plaintiff has filed

the present second appeal before this Court.

2. At the time of admission, this Court has framed the following

substantial questions of law:-

"1. Whether the Judgment and Decree in the earlier suit will not operate as res judicata in the present suit?

2. When both parties have applied for stay of the trial in the present suit invoking the provisions of Section 10 C.P.C are not the respondent estopped from contending to the contrary after the earlier suit has ended against them?"

3. When the matter is taken up for hearing today, the learned

counsel appearing for the parties would submit that though the suit for

declaration and recovery of possession was rejected, now the

respondents/defendants have already vacated the premises. They would

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

S.ANo.760 of 2004

further submit that already an Arbitration Proceedings is going on with

regard to the subject matter of the property. Hence, they would submit

that the second appeal may be closed.

4. In view of the above submission, this Court is of the view that

there is no necessity to answer the substantial questions of law framed in

this second appeal.