N.Shankar vs Udhagamandalam Municipality
2023 Latest Caselaw 5400 Mad

                                                                                     S.A.No.347 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.06.2023

                                         CORAM : JUSTICE N.SESHASAYEE

                                                 S.A.No.347 of 2023
                                             and CMP.No.10538 of 2023



                     N.Shankar                       .. Appellant / Appellant / Plaintiff


                                                          Vs


                     Udhagamandalam Municipality
                     Rep. by its Commissioner
                     Udhagamandalam
                     The Nilgiris.               .. Respondent / Respondent / Defendant


                     Prayer :     Second Appeal filed under Section 100 of Civil Procedure Code
                     praying to set aside the judgment and decree dated 03.02.2023 passed by
                     the learned Subordinate Judge, Udhagamandalam in A.S.No.4 of 2022
                     confirming the judgment and decree dated 26.02.2021 passed by the learned
                     District Munsif, Udhagamandalam in O.S.No.173 of 2015.


                                         For Appellant      : Mr.A.Sriram




                    1/4
https://www.mhc.tn.gov.in/judis
                                                                                      S.A.No.347 of 2023




                                                      JUDGMENT

The plaintiff who lost his suit for bare injunction successively before the trial

Court in O.S.No.173 of 2015 and before the first appellate Court in

A.S.No.4 of 2022, is the appellant herein.

2. The appellant claims that he is a licencee to run Aavin milk booth in the

suit property, but when he faced interference to his peaceful possession from

the defendant-Municipality, he had laid the suit.

3. According to the defendant, the milk booth is run by the plaintiff in its

land and that he is an encroacher.

4. The dispute went to trial and both the Courts found that the plaintiff is in

unauthorised occupation of the property of the defendant. Indeed, even the

plaintiff as P.W.1 admits in his cross-examination that the site where he has

put up his milk booth belongs to the defendant.

5. Heard the learned counsel for the appellant and perused the papers. This

https://www.mhc.tn.gov.in/judis S.A.No.347 of 2023

Court does not find that this case involves any substantial question of law as

to warrant admission, and hence, the appeal is dismissed. Consequently,

connected miscellaneous petition is closed.

05.06.2023

Index : Yes / No Speaking Order / Non-speaking Order ds To:

1.The Subordinate Judge Udhagamandalam.

2.The District Munsif Udhagamandalam.

3.The Section Officer VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis S.A.No.347 of 2023

N.SESHASAYEE.J.,

ds

S.A.No.347 of 2023

05.06.2023

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