Paranthaman vs Amarajothi
2024 Latest Caselaw 649 Mad

Madras High Court

Paranthaman vs Amarajothi on 9 January, 2024

                                                                                   S.A.No.279 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED :        09.01.2024

                                                           CORAM

                                   THE HONOURABLE MR. JUSTICE P.B.BALAJI

                                               S.A.No.279 of 2018
                                                      and
                                        CMP. Nos.11159, 7132 & 7133 of 2018

                     Paranthaman                                                    ...Appellant
                                                            Vs.


                     1.Amarajothi

                     2.Alli

                                                                               ...Respondents


                     PRAYER: Second Appeal filed under Section 100 of the Code of
                     Civil Procedure against the Judgment and Decree of the learned
                     Subordinate Judge, Ponneri in A.S. No.52 of 2010 dated 10.11.2017
                     confirming the Judgment and Decree of the learned District Munsif,
                     Thiruvottiyur in O.S. No.132 of 2005 dated 03.09.2009.


                                     For Appellant     :     Mr.C.E.Pratap

                                     For Respondents         :     No Appearance

                     1/5

https://www.mhc.tn.gov.in/judis
                                                                                    S.A.No.279 of 2018




                                                      JUDGMENT

This Second Appeal has been filed against the Judgment and

Decree of the learned Subordinate Judge, Ponneri in A.S. No.52 of

2010 dated 10.11.2017 confirming the Judgment and Decree of the

learned District Munsif, Thiruvottiyur in O.S. No.132 of 2005 dated

03.09.2009.

2. Heard the learned counsel for the Appellant.

3. The suit is filed for permanent injunction. The Courts below

have concurrently dismissed the suit and negatived the relief of

permanent injunction. Pending the Appeal, the Appellant had also

attempted to amend the plaint by seeking to convert the suit for

permanent injunction into one for specific performance. The said

Application was dismissed by the First Appellate Court, as against

which, the appellant preferred C.R.P. No.1 of 2016, wherein, this

Court in and by order dated 07.06.2019, dismissed the Civil Revision

Petition.

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

4. The learned counsel for the petitioner states that as on date,

the appellant is not in physical possession of the suit property and the

subsequent events may be recorded and the Second Appeal be closed.

5. I find from the records that the Second Appeal has not yet

been admitted and on going through the Judgments of the trial Court

as well as the First Appellate Court, I do not find any substantial

questions of law arising for consideration in the above Second Appeal.

6. In view of the fair submission made by the learned counsel for

the Appellant, nothing survives for further consideration in the Second

Appeal. Recording the same, this Second Appeal is dismissed. No

costs. Consequently, connected Miscellaneous Petitions are also

dismissed.

                                                                                        09.01.2024

                     Index             : Yes/No
                     Internet          : Yes/No
                     rkp

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

P.B.BALAJI, J,

rkp

To

1.The Subordinate Judge, Ponneri.

2.The District Munsif, Thiruvottiyur.

and CMP. Nos.11159, 7132 & 7133 of 2018

09.01.2024

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

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