The Court disposed of a Second Appeal filed by an appellant regarding a suit for permanent injunction. The Court held that the appeal is infructuous due to the death of the respondents and the pendency of an eviction case filed by the deceased second respondent's legal heirs.
Second Appeal disposed of. 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2018
CORAM:
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
SECOND APPEAL NO.1392 of 2004
1.Mrs.B.K.Mohideen ... Appellant/Appellant/Plaintiff
/versus/
1.K.K.Mohideen 2.K.M.Mohideen ... Respondents/Respondents/Defendants
Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree passed by the V Additional City Civil Judge, Chennai in A.S.No.18 of 2001 dated 29th April 2003, dismissing the appeal and confirming the judgment and decree dated 31st March 2000 in O.S.No.7280 of 1995 on the file of the IV Assistant City Civil Judge, Chennai.
For Appellant :Mr.N.Senthil Kumar For Respondents :No appearance
The learned counsel appearing for the appellant would submit that both the respondents died and furthermore, the suit in O.S.No.7280 of 1995, which is the subject matter of the second appeal, itself has become infructuous, in view of R.C.O.P.No.1566 of 2016 filed by the legal heirs of the second respondent against the appellant herein and the same is pending before the X Small Causes Court, Chennai.
filing RCOP for eviction. Hence, nothing survives in this second appeal both on facts as well as on law, in view of the death of the respondents and no steps having been taken to bring the legal heirs of the deceased second respondent on record.
For the above said reasons, this Second Appeal is disposed of. No costs.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1.The V Additional City Civil Judge,
Chennai.
2.The IV Assistant City Civil Judge,
Chennai.
Copy to
The Section Officer,
VR Section, High Court, Madras-104.
+2cc to Mr.N.Senthilkumar, Advocate Sr.87704
S.A.No.1392 of 2004
ssd[co]
srg 04/02/2019
1 issue framed by the court
Whether the Second Appeal subsists in view of the death of the respondents and the pendency of an RCOP filed by their legal heirs for eviction.
1 provisions across 1 enactments
Mrs. B.K. Mohideen
K.K. Mohideen
K.M. Mohideen
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
