Temple's injunction suit against Vijayan had been decreed in first appeal; defendant appealed. At final hearing the temple sought to withdraw the suit. The court permitted withdrawal, dismissed the suit as withdrawn, effaced the appellate decree and the appellant's undertaking, and disposed of the second appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A.(MD)No.354 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
S.A.(MD)No.354 of 2011 and
M.P.(MD)No.1 of 2011
and C.M.P.(MD)No.7135 of 2025
Vijayan
... Appellant
Vs.
Arulmigu Dandayuthapani Swami Temple, Palani, Rep. by its Joint Commissioner, Palani, Dindigul District.
... Respondent
Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 27.01.2011 made in A.S.No.23 of 2009 on the file of the Sub Court, Palani reversing the judgment and decree dated 25.02.2009 made in O.S.No.381 of 2001 on the file of the District Munsif Court, Palani.
1/6
S.A.(MD)No.354 of 2011
For Appellant : Mr.K.V.Subramanian, Senior Counsel, For Mr.G.Sridharan
For Respondent : Mr.R.Bharanidharan, For Mr.R.Murali.
JUDGMENT
Arulmigu Dandayuthapani Swami Temple, Palani filed O.S.No.381
of 2001 on the file of the District Munsif Court, Palani seeking the relief of permanent injunction and mandatory injunction against one Vijayan. The suit was dismissed vide judgment and decree dated 25.02.2009. Aggrieved by the same, the temple filed A.S.No.23 of 2009 before the Sub Court, Palani. The first appellate Court reversed the decision of the trial Court and decreed the suit vide judgment and decree dated 27.01.2011. Challenging the same, the defendant / Vijayan filed this second appeal.
2.During the pendency of this second appeal, the appellant / defendant had the benefit of interim order. It appears that the appellant had also given an undertaking that he would not run any shop. This second appeal is now posted for final disposal. At this stage, the learned 2/6
S.A.(MD)No.354 of 2011
counsel for the plaintiff / respondent herein filed C.M.P.(MD)No.7135 of 2025 for withdrawing the suit itself.
3.It is well settled that even at the second appeal stage, the suit can be permitted to be withdrawn. The learned senior counsel for the appellant submitted that no liberty should be reserved in favour of the plaintiff. We sustain the said objection.
4.The respondent / plaintiff is allowed to withdraw the suit. As a result, O.S.No.381 of 2001 filed by the plaintiff / respondent herein before the District Munsif Court, Palani is dismissed as withdrawn. It is needless to say that the judgment and decree granted by the first appellate Court as well as the undertaking given by the appellant in this second appeal stand effaced. In the affidavit filed in support of C.M.P.(MD)No.7135 of 2025, it is pointed out that the appellant had already filed a comprehensive suits in O.S.Nos.245 and 246 of 2024 on the file of the Additional District Court, Palani seeking the reliefs of declaration and permanent injunction.
3/6
S.A.(MD)No.354 of 2011
5.This second appeal is disposed of accordingly. C.M.P.(MD)No.7135 of 2025 is allowed. No costs. Consequently,
connected M.P.(MD)No.1 of 2011 is closed.
(G.R.S. J.,) & (M.J.R. J.,) 25.04.2025
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
Issue order copy on 25.04.2025.
To:
Copy to:
The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.
4/6
S.A.(MD)No.354 of 2011
5/6
S.A.(MD)No.354 of 2011
G.R.SWAMINATHAN, J. and M.JOTHIRAMAN, J.
ias
S.A.(MD)No.354 of 2011
25.04.2025
6/6
1 issue framed by the court
Whether the plaintiff temple could withdraw its suit for injunction at the second appeal stage, and with what consequences for prior decrees and undertakings?
1 provisions across 1 enactments
Vijayan
Arulmigu Dandayuthapani Swami Temple, Palani, Rep. by its Joint Commissioner, Palani, Dindigul District
G.R.Swaminathan
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
