The Madras High Court dismissed the second appeal as infructuous because respondents had taken possession of the suit property pursuant to an execution order.
Second appeal in S.A.(MD)No.213 of 2023 dismissed as infructuous; connected miscellaneous petition closed.
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S.A.(MD)No.213 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.213 of 2023 and C.M.P.(MD)No.4575 of 2023
Muthumohamed
... Appellant
/Vs./
1.Ummusalma @ Ummusalma Beevi
2.K.Shahjahan
3.K.Malik
4.K.Syed Aligapuri
5.Sulaikalbegam
6.Noorul Jesima
7.Sowkarbanu
8.Reihana
9.Mathina ... Respondents
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S.A.(MD)No.213 of 2023
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the Judgment and Decree dated 21.12.2021 made in A.S.No.27 of 2019 on the file of the Subordinate Judge, Kovilpatti, confirming the judgment and decree dated 15.04.2019 made in O.S.No. 261 of 2012 on the file of the District Munsif Court, Kovilpatti, by allowing this second appeal.
For Appellant : Mr.V.Meenakshisundaram For Respondents : Mr.V.S.Rishikesh (R1)
JUDGMENT
The learned counsel appearing for the appellants submits that this second appeal has now become infructuous, in view of the fact that the respondents have already taken possession of the suit schedule property from the appellants, pursuant to an order passed in an Execution Petition.
2. Recording the said statement made by the learned counsel appearing for the appellants, this Second Appeal is dismissed as
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S.A.(MD)No.213 of 2023
infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.
17.04.2023
Index : Yes / No NCC : Yes / No Sm
TO:
1.The Subordinate Judge, Kovilpatti.
2.The District Munsif Court, Kovilpatti.
3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD)No.213 of 2023
ABDUL QUDDHOSE, J.
sm
Judgment made in S.A.(MD)No.213 of 2023
Dated: 17.04.2023
Muthumohamed
Ummusalma @ Ummusalma Beevi
K.Shahjahan
K.Malik
K.Syed Aligapuri
Sulaikalbegam
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
