IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 29.03.2022

CORAM:

THE HONOURABLE TMT. JUSTICE S. KANNAMMAL

A.S.No.895 of 2005

1. L. Ethiraj

2. L. Neelamchan

3. K. Ramesh

... Appellants/ Plaintiffs

Vs.

1. M. Vijayaraman

2. M. Manivannan

3. Mrs. Radha

4. Mrs. Rukmani

5. Mr.H.Chandan Kumar

6. Mr. Haresh Kumar

7. Corporation of Madras

Rep.by its Commissioner,

“Rippon Buildings”

Park Town, Chennai 600003.

8. Madras Metropolitan Development Authority

Rep.by its Mamber Secretary,

Thalamuthu Natarajan Buildings,

No.8, Gandhi Irwin Road,

Egmore, Chennai 600008.

9. Mr.V. Baskaran

10.Ms.V.Kalaiselvi

11.Mrs.T.Sundarammal

12.Mrs.AChandrabai Ammal ... Respondents 1 to 12 /

Defendants 1,2, 4 to 13.

PRAYER: Appeal Suit is filed under Section 96 of the Civil

Procedure Code to set aside the Judgment and Decree dated

07.01.2005 made in O.S.No.745 of 1996 on the file of the learned

IV Additional City Civil Court, Chennai and allow the appeal.

For Appellant : M/s.J. Viswanathan

For Respondents : M/s. P.T. Ramadevi [for R-7]

M/s. P. Veera Suresh [for R8]

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J U D G M E N T

This Appeal Suit has been filed to set aside the Judgment

and Decree of the learned IV Additional Judge, City Civil Court,

Chennai in O.S.No.745 of 1996.

2. Learned counsel for the Appellants and Respondents 7 and

8 present. It is submitted by the learned counsel for the

Appellant that the suit property has been takenover by the

Government and an enquiry is underway before the District

Collector, where the 3rd Appellant and the legal heirs of

deceased 1^st and 2^nd Appellants are contesting the takeover. The

said enquiry is pending adjudication and the suit property

itself is taken over, the same is outcome of the proceedings

before the District Collector. In this regard, learned counsel

for the Appellant also filed a Memo. The Memo is recorded.

3.In view of the above submission made by the learned

counsel for the Appellants, nothing survives in this appeal for

any adjudication.

Hence, this appeal is dismissed as

infructuous. No costs.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

Copy to:

1. The IV Additional District Judge,

City Civil Court, Chennai.

2. The Section Officer,

VR Section, High Court, Madras-104.

+1cc to M/s.P.T.Ramadevi, Advocate Sr.20787

+1cc to M/s.P.Veena Suresh, Advocate Sr.20958

+1cc to M/s.K.Ashok Kumar, Advocate Sr.21407

A.S.No.895 of 2005

skm[co]

srg 19/04/2022

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