Second appeal in a bare injunction suit over possession of suit property. Pending appeal, the appellant handed over possession to the respondent; counsel stated nothing survived. The court recorded the statement and dismissed the appeal as settled, with no costs.
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S.A.(MD)No.414 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.(MD)No.414 of 2009
N.Vellayan
...Appellant
-VsS.Maruthiah Pandian ... Respondent
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.84 of 2007, dated 12.11.2008 on the file of the 1st Additional Subordinate Court, Tirunelveli confirming the judgment and decree passed in O.S.No.507 of 2006, dated 15.07.2007 on the file of the Principal District Munsif Court, Tirunelveli.
For Appellant :Mr.H.Arumugam For Respondent :Mr.R.Nandakumar ****
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JUDGMENT
S.A.(MD)No.414 of 2009
The learned Counsel for the appellant submitted that the appellant herein is the plaintiff in the suit for bare injunction. The suit was filed seeking bare injunction restraining the respondent/defendant from interfering with the plaintiff's possession over the suit property except by due process of law.
2.It is stated by the learned Counsel for the appellant that pending Second Appeal, the appellant had handed over the possession of the suit property to the respondent. Therefore, nothing survives in the Second Appeal for adjudication.
3.The statement of the learned Counsel for the appellant is recorded
and the Second Appeal is dismissed as settled. No costs.
08.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No cmr 2/4
S.A.(MD)No.414 of 2009
To
1.The 1st Additional Subordinate Judge, Tirunelveli. 2.The Principal District Munsif, Tirunelveli. 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD)No.414 of 2009
S.SOUNTHAR, J.
cmr
S.A.(MD)No.414 of 2009
08.07.2024
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1 provisions across 1 enactments
N.Vellayan
S.Maruthiah Pandian
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
