Kalian vs Chinnammal
2022 Latest Caselaw 3662 Mad

                                                                                 S.A.(MD)No.522 of 2010


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 25.02.2022

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                  S.A.(MD)No.522 of 2010
                                                           and
                                                   M.P.(MD)No.1 of 2010

                Kalian                                               ... Appellant
                                                           Vs.

                1.Chinnammal
                2.Muthu                                              ... Respondents


                Prayer : Second Appeal filed under Section 100 of Civil Procedure Code,
                against the judgment and decree dated 19.11.2009 passed in A.S.No.179 of
                2007 by the Principal District Court, Tiruchirappalli, confirming the judgment
                and decree dated 24.01.2006 passed in O.S.No.376 of 2004 by the District
                Munsif Court, Thuraiyur.

                                  For Appellant      : Mr.S.Ramu

                                  For Respondents : No appearance

                                                      JUDGEMENT

The defendant in O.S.No.376 of 2004 on the file of the District Munsif

Court, Thuraiyur is the appellant in this second appeal. The respondents herein

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S.A.(MD)No.522 of 2010

filed the suit seeking the relief of bare injunction against the appellant. The

suit was decreed. A.S.No.179 of 2007 filed by the appellant before the

Principal District Court, Tiruchirappalli also suffered dismissal. Challenging

the same, this second appeal came to be filed.

2.The learned counsel appearing for the appellant would point out that

the appellant was an employee under one Duraisamy and his case throughout

was that the matter suffers from non-joinder of necessary party. Be that as it

may, as of now the appellant had left the employment of said Duraisamy and

therefore, according to him, nothing survives for further consideration in this

second appeal.

3.Recording the submission of the learned counsel for the appellant, the

second appeal is dismissed as infructuous. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                           25.02.2022
                Index             : Yes / No
                Internet          : Yes/ No
                ias

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

S.A.(MD)No.522 of 2010

To:

1.The Principal District Court, Tiruchirappalli.

2.The District Munsif Court, Thuraiyur.

Copy to:

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

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

S.A.(MD)No.522 of 2010

G.R.SWAMINATHAN, J.

ias

S.A.(MD)No.522 of 2010

25.02.2022

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