Madras High Court
Andalammal vs Sundararajan on 19 September, 2023
S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
S.A.Nos.1073 of 2001
1.Andalammal
2.Srinivasan
3.Santhakrishnan
4.Padma
5.Lalitha
6.Chandra ... Appellants
Vs.
1.Sundararajan
2.Sarangapani
3.Thirumalai Venkataseshan
... Respondents
PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure
Code, against the judgment and decree in A.S.No.41 of 2000, dated 23.04.2001
on the file of the Principal District Court, Virudhunagar District at Srivilliputhur,
reversing the judgment and decree in O.S.No.17 of 1998 on the file of the Sub
Court, Srivilliputhur, dated 20.04.2000.
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S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
For Appellants : Mr.A.Sivaji
For Respondents : No appearance
C.R.P.No.1501 of 1998
V.Sarangapani ... Appellant
Vs.
1.Andal Ammal
2.Lalitha Ammal
3.Santhanakrishnan
4.Krishnammal ... Respondents
PRAYER: The Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 as amended by Tamil
Nadu Act 23 of 1973 and Act 1 of 1980, against the fair and decreetal order
passed in R.C.A.No.4 of 1994, dated 21.08.1997 on the file of the learned Rent
Control Appellate Authority (Principal Subordinate Judge), Srivilliputhur,
confirming the fair and decreetal order in R.C.O.P.No.10 of 1984, dated
19.11.1993 on the file of the learned Rent Controller (Principal District Munsif),
Srivilliputhur.
For Petitioner : No appearance
For R1 to R3 : Mr.A.Sivaji
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S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
COMMON JUDGMENT
The learned counsel appearing for the appellants submitted that the suit
in O.S.No.17 of 1998 has been filed against the defendants for declaration that the
suit properties belonging to the plaintiffs and the fourth defendant and not to take
any coercive action subsequent to the order passed by the District Munsif Court,
Srivilliputhur in R.C.O.P.No.7 of 1982. The suit was decreed. Subsequently, in
the appeal suit in A.S.No.41 of 2000, it was reversed.
2. The second respondent in the appeal filed a petition in R.C.O.P.No.10
of 1984 before the Principal District Munsif, Srivilliputhur for eviction and the
same was dismissed. Aggrieved over the same, he filed an appeal in R.C.A.No.4
of 1994 before the Principal Subordinate Judge, Srivilliputhur and the same was
also dismissed. Challenging the same, the present Civil Revision Petition has
been filed by the petitioner in R.C.O.P.No.10 of 1984.
3. Under such circumstances, the learned counsel for the appellants in
the second appeal submitted that the possession of the property was already been
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S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
handed over to the second respondent in the second appeal and the petitioner in
the revision petition and the appellants did not want to prosecute the appeal and
requested to close the second appeal. In this regard, he has received a letter from
the client undated and filed a memo dated 12.09.2023. The learned counsel for the
respondents also filed a memo dated 17.07.2023, stating that the first respondent
in the appeal is not responded. Therefore, he reported no instruction. It appears
that the possession was handed over to the petitioner in the revision petition and
this may be the reason for his non appearance.
4. In the result, both the Second Appeal as well as the Civil Revision
Petition are dismissed for non- prosecution. No costs.
19.09.2023
akv
To
1.The Principal District Court,
Virudhunagar District,
Srivilliputhur.
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S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
2.The Sub Court,
Srivilliputhur.
3.The Rent Control Appellate Authority
(Principal Subordinate Judge),
Srivilliputhur.
4.The Rent Controller (Principal District Munsif),
Srivilliputhur.
5.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A.No.1073 of 2001 and C.R.P.No.1501 of 1998
KRISHNAN RAMASAMY,J.
akv
S.A.No.1073 of 2001 and C.R.P.No.1501
of 1998
19.09.2023
https://www.mhc.tn.gov.in/judis
