Sundarambal vs Seethalakshmi
2021 Latest Caselaw 21080 Mad

                                                              1        S.A.No.1260 OF 2005

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 21.10.2021

                                                    CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                              S.A.No.1260 of 2005


                     1. Sundarambal
                     2. Juli                           ... Appellants/ Appellants /
                                                             Plaintiffs

                                                      Vs.


                     Seethalakshmi                     ... Respondent / Respondent /
                                                             Defendant

                                   Prayer: Second appeal filed under Section 100 of
                     C.P.C., to set aside the Judgment and Decree made in A.S.
                     No.17 of 2004 dated 08.03.2005 on the file of the Principal
                     Subordinate Judge, Thanjavur, confirming the Judgment and
                     Decree dated 26.04.2004 made in O.S.No.4 of 2004 on the file
                     of the District Munsif, Thiruvaiyaru and consequently allow
                     the above second appeal.


                                   For Appellant   : No appearance.


                                   For Respondent : Mr.M.R.S.Prabhu

                                                     ***



https://www.mhc.tn.gov.in/judis/
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                                                                  2           S.A.No.1260 OF 2005

                                                JUDGMENT

None appears for the appellants.

2. However the learned counsel appearing for the

respondent states that nothing survives in this matter. The

plaintiffs are the appellants. The suit was for injunction

restraining the respondent from putting up construction in the

suit property. It is stated that the suit was dismissed and the

first appellate Court has also dismissed the appeal. The

defendant had since put up construction and the same has

been assessed property tax and she is residing therein.

3. In view of the statement made by the learned

counsel appearing for the respondent, I am able to note that

nothing survives for further adjudication. This second appeal

is dismissed as infructuous. No costs.

                                                                                21.10.2021

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

To:

1. The Principal Subordinate Judge, Thanjavur.

2. The District Munsif, Thiruvaiyaru.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

G.R.SWAMINATHAN,J.

PMU

S.A.No.1260 of 2005

21.10.2021

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