LAWS(MAD)-2019-2-63

KRISHNAVENI Vs. ARULMIGHU KOMALEESWARAR DEVASTHANAM

Decided On February 15, 2019
KRISHNAVENI Appellant
V/S
Arulmighu Komaleeswarar Devasthanam Respondents

JUDGEMENT

(1.) The legal representatives of the deceased second defendant in O.S.No. 7903 of 1974 on the file of the 14th Assistant Judge, City Civil Court, Chennai, are the appellants herein.

(2.) O.S.No. 7903 of 1974 had been filed by the plaintiff Arulmighu Sri Komaleeswarar Devasthanam, represented by its Executive Officer, originally against one defendant R.Srinivasan and subsequently against the second defendant K.Govindan, who had been impleaded by order of Court, seeking a Judgment and Decree directing the defendants to quit and deliver vacant possession of the suit property and also to pay the costs of the suit. By Judgment and Decree dated 10.03.1992, the suit was decreed.

(3.) The second defendant K.Govindan, then filed A.S.No. 143 of 1994. This came up for consideration before the Second Additional District Judge, City Civil Court, Chennai, who took up the First Appeal along with C.M.A.No. 67 of 1994 which also related to the same suit property and between the same parties. By Judgment dated 23.11.1995, the learned Second Additional District Judge, City Civil Court, Chennai, dismissed the First Appeal and also the Civil Miscellaneous Appeal. It must be mentioned that pending the appeal, the appellant/second defendant died and his legal representatives were brought on record as appellants.