Arulmighu Vridhagireeswarar v. Kamaldeen
Case brief
What is this about?
In this second appeal against the dismissal of a suit for permanent injunction, the plaintiff filed a memo. The Court held that since eviction proceedings under the HR&CE Act were already initiated, nothing further survived in the second appeal. Accordingly, the appeal was closed without prejudice to the eviction proceedings.
What did the court decide?
Second appeal closed without prejudice to eviction proceedings initiated by the plaintiff under Section 78 of the HR&CE Act.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.04.2021
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
S.A.No.833 of 2009 and M.P.No.1 of 2009
Arulmighu Vridhagireeswarar Tirukoil, Rep. By its Executive Officer, Vridhachalam. ... Appellant/Plaintiff Vs. 1. Kamaldeen 2. Mohan S/o, Pandurangan 3. Raja S/o, Pandurangan 4. Babu S/o, Pandurangan Respondents 1 to 4 are residing at Sannadhi Street, Vridhachalam (TK) the 1st respondent is given up as he is remained exparte. ... Respondents/Defendants
Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and fecree dated 17.11.2008 passed in A.S.No.47 of 2008 before the Principal Sub Court, Vridhachalam confirmed to the judgment and decree in O.S.No.223 of 1997 before the District Munsif's Court, Vridhachalam.
For Appellant : Ms.R.Meenal For R2 to R4 : Mr.V.Anand R1 : Given up
J U D G M E N T
Issues for consideration
2 issues framed by the court
Whether the second appeal proceedings should be closed in light of eviction proceedings initiated under the HR&CE Act.
Whether the suit for permanent injunction survives given the initiation of eviction under Section 78 of the HR&CE Act.
Parties & counsel
- appellant
Arulmighu Vridhagireeswarar Tirukoil, Rep. By its Executive Officer, Vridhachalam
- respondent
Kamaldeen
- respondent
Mohan S/o, Pandurangan
- respondent
Raja S/o, Pandurangan
- respondent
Babu S/o, Pandurangan
Case details
As recorded by the court registry
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