Bramhashri Viswamithra ... vs K.Ayyalusamy
2023 Latest Caselaw 14297 Mad

                                                                                 S.A.(MD)No.864 of 2014


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 16.11.2023

                                                        CORAM

                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                             S.A.(MD)No.864 of 2014 &
                                           C.M.P.(MD)No.11439 of 2023 &
                                               M.P.(MD)No.1 of 2014

                     Bramhashri Viswamithra Magarishi,
                     Yoga Mouna Ashramam, Palani,
                     Through its Managing Trustee Mr.K.Narayansamy,
                     Son of Krishnasamy, Door No.3, Plot No.49,
                     Ward No.4, Sivagiripatti Village,
                     Palani Taluk, Dindigul District.                            ...Appellant
                                                       vs.
                     K.Ayyalusamy                                              ... Respondent


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 13.04.2010 in
                     A.S.No.90 of 2008 on the file of the Principal Subordinate Judge, Palani
                     confirming the Judgment and Decree dated 22.08.2008 in O.S.No.345
                     of 2006 on the file of the Principal District Munsif, Palani.


                     For Appellant             :       Mr.H.Lakshmi Shankar

                     For Respondent            :       Mr.K.Sekar




                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                S.A.(MD)No.864 of 2014


                                                        JUDGMENT

The learned counsel for the appellant has filed a Memo stating

that the appellant / Managing Trustee appears to have died in the year

2019. It has further been stated that the proposed petitioner has filed a

suit for declaration and for recovery of possession in O.S.No.75 of 2011

before the Sub Court, Dindigul. The said suit is still pending. This

Second Appeal has arisen out of the suit for permanent injunction. The

sole respondent who is the brother of the Managing Trustee of the

appellant also died. No cause of action survives for adjudication in the

Second Appeal.

2. Memo dated 26.08.2023 is recorded and the Second Appeal is

disposed of accordingly. No costs. Consequently, the connected

Miscellaneous Petitions are closed.

16.11.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

https://www.mhc.tn.gov.in/judis S.A.(MD)No.864 of 2014

To

1.The Principal Subordinate Judge, Palani

2.The Principal District Munsif, Palani

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.864 of 2014

R.KALAIMATHI, J.

mbi

S.A.(MD)No.864 of 2014

16.11.2023

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