M.Rathinamammal(Died) vs S.Duraipandi(Died)
2023 Latest Caselaw 15149 Mad

Madras High Court

M.Rathinamammal(Died) vs S.Duraipandi(Died) on 28 November, 2023

                                                                                   S.A.No.1208 of 2004


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED :        28.11.2023

                                                      CORAM

                                  THE HONOURABLE MRS.JUSTICE R. KALAIMATHI

                                                S.A.No.1208 of 2004


                     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)


                                                      -Vs-

                     1.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)



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                     Page 1 of 4


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                                                                                    S.A.No.1208 of 2004


                     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


                                                   JUDGMENT

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.

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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

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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

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