The court dismissed the civil miscellaneous appeal because the underlying first appeal was remitted to the trial court for disposal, rendering the matter inadmissible for further adjudication at this stage.
The civil miscellaneous appeal is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.335 of 2015
1.Radhamma
2.Prasannakumari
... Appellants
Vs.
Incorporated and Unincorporated Devasoms,
Suchindram, Kanyakumari District and Correspondent and Member in the
College Committee of Sree Devi Kumari
Women's College, Kuzhithurai.
Gopalan (Died)
3.Leela Gangadharan
4.Krishna Prasad
Hindu Religious and Charitable Endowment (Administration) Department, Madras and President of the College Committee of Sree Devi Kumari
Women's College, Kuzhithurai.
Women's College, Kuzhithurai.
Syndicate Member, Madurai University and Principal, S.F.R.College, Sivakasi and Member representing the Madurai University in the College Coimmittee of Sree Devi Kumari Women's College, https://hcservices.ecourts.gov.in/hcservices/ Kuzhithurai.
.. Respondents
2
Prayer : This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of C.P.C., to set aside the fair and decretal order dated 07.12.2012 passed in I.A.No.24 of 2012 in A.S.No.85 of 2003 on the file of Camp Court Judge at Kuzhithurai, II Additional Subordinate Judge, Nagercoil.
For Appellants : M/s.J.Anandhavalli For Respondents : Mr.H.Thayumanaswamy
for RR1 and 2
RR5 and 7 given up No appearance for RR6 and 7
JUDGMENT
The learned counsel appearing for the appellants states that during the pendency of this civil miscellaneous appeal, A.S.No.85 of 2003 itself has been disposed of. The matter has been remitted to the file of the trial Court. Therefore, nothing survives for further adjudication in this civil miscellaneous appeal, in view of the disposal of the first appeal itself. It is however made clear that the appellants herein are at liberty to file an application for impleading themselves in the pending suit. The trial Court will decide the said I.A., if so filed, in accordance with law and uninfluenced by the order dated 07.12.2012 passed in I.A.No.24 of 2012 in A.S.No.85 of 2003 on the file of Camp Court Judge at Kuzhithurai, II Additional Subordinate Judge, Nagercoil.
2.This civil miscellaneous appeal is accordingly disposed of. No costs.
Sd/-
Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
To
Madurai Bench of Madras High Court, Madurai.
+1cc to M/s.J.Anandhavalli,Advocate sr.No.88013
ARUL
VB/SV/MMS/SAR1/29/11/2017/2P/4C
C.M.A.(MD)No.335 of 2015 17.11.2017
1 issue framed by the court
Whether a civil miscellaneous appeal survives for adjudication when the underlying filed appeal has been disposed of.
Radhamma
Prasannakumari
The Executive Officer, Incorporated and Unincorporated Devasoms, Suchindram, Kanyakumari District
The Principal Ex-officio Member in the College Committee of Sree Devi Kumari Women's College, Kuzhithurai
Leela Gangadharan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
