Arulmighu Vridhagireeswarar ... vs Kamaldeen
2021 Latest Caselaw 9055 Mad

                                                                        S.A.No.833 of 2009

                                   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


                                                        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)


                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                  S.A.No.833 of 2009

                     the 1st respondent is given up
                     as he is remained exparte.                                  ... Respondents

                     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


                                                       *****

                                                       JUDGMENT

Both counsel present.

2. The plaintiff who has lost in both the Courts below has preferred

the second appeal.

https://www.mhc.tn.gov.in/judis/ S.A.No.833 of 2009

3. The suit has been laid by the plaintiff for the relief of permanent

injunction.

4. Pending the second appeal, according to the plaintiff, the

proceedings had been initiated to evict the tenant/encroachers of the suit

property belonging to the plaintiff, after passing the resolution dated

25.11.2019 as provided under section 78 of the HR&CE Act and the

authorities concerned had also recommended for initiating the process of

eviction against the tenant/encroachers and the same is pending. In view of

the abovesaid development, according to the plaintiff's counsel, the plaintiff

may be permitted to prosecute the proceedings initiated for eviction as

abovestated and prays that the second appeal proceedings may be closed

without prejudice to the abovesaid eviction proceedings initiated by the

plaintiff.

5. To that effect, a memo is filed by the plaintiff's counsel. The

respondent's counsel had taken notice on the said memo and both prayed the

Court to pass appropriate orders in the second appeal.

https://www.mhc.tn.gov.in/judis/ S.A.No.833 of 2009

6. The abovesaid memo is taken on record.

7. In the light of the abovesaid facts, inasmuch as the plaintiff had

initiated the proceedings to evict the tenant/encroachers in the suit property

as per the provisions contained in HR&CE Act, in my considered opinion,

nothing further survives in this second appeal, as the second appeal has

been laid only against the dismissal of the plaintiff's suit for the relief of

permanent injunction.

8. In view of the above, the second appeal is closed without prejudice

to the eviction proceedings initiated by the plaintiff under section 78 of the

HR&CE Act as above pointed out. No costs. Consequently, connected

miscellaneous petition, if any, is closed.

01.04.2021

mfa Index:yes Internet:yes

https://www.mhc.tn.gov.in/judis/ S.A.No.833 of 2009

To

1. The Principal Subordinate Judge, Principal Sub Court, Vridhachalam.

2.The District Munsif, District Munsif's Court, Vridhachalam.

Copy to

The Section Officer, VR Section, High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ S.A.No.833 of 2009

T.RAVINDRAN, J.

mfa

S.A.No.833 of 2009 and M.P.No.1 of 2009

01.04.2021

https://www.mhc.tn.gov.in/judis/