Second appeal dismissed as the matter became virtually infructuous since possession was already handed over and counsel had no instruction to proceed.
All connected miscellaneous petitions are closed.
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.
S.A.(MD)No.278 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.278 of 2011 and M.P.(MD)Nos.1 and 2 of 2011
1.Kadar Sheriff
2.Kalit Sheriff ... Appellants/1&2nd Respondents/
1st &2nd /Defendants
Vs.
K.G.Ramamoorthy ... Respondent/Appellant/Plaintiff
Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 16.11.2010, passed in A.S.No.65 of 2008 on the file of the Principal Subordinate Judge, Dindigul, reversing the judgment and decree, dated 04.12.2007, passed in O.S.No.258 of 2005, on the file of the Principal District Munisf, Dindigul.
For Appellants : Mr.T.Barathan, For Mr.T.P.Jeyapalam. For Respondent : Mr.A.Arumugam, For M/s.Ajmal Associates.
JUDGEMENT
Heard the learned counsel on either side.
2.It appears that the appellants had already handed over the possession to the respondent. However, the learned counsel for the appellants is not having any written instructions in this regard. The learned counsel for the respondent states that his party has not https://hcservices.ecourts.gov.in/hcservices/ contacted him. After going through the materials on record, I am
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S.A.(MD)No.278 of 2011
able to note that the matter has become virtually infructuous. It is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ias
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Principal Subordinate Court, Dindigul.
2.The Principal District Munsif, Dindigul. 3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. 2 Copies
S.A.(MD)No.278 of 2011 08.04.2021
CN(17.05.2021) 2P 5C
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Kadar Sheriff
Kalit Sheriff
K.G.Ramamoorthy
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
