Madras High Court
Vijayan vs Arulmigu Dandayuthapani Swami Temple on 25 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
S.A.(MD)No.354 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
S.A.(MD)No.354 of 2011
and
M.P.(MD)No.1 of 2011
and
C.M.P.(MD)No.7135 of 2025
Vijayan ... Appellant
Vs.
Arulmigu Dandayuthapani Swami Temple,
Palani, Rep. by its Joint Commissioner,
Palani, Dindigul District. ... Respondent
Prayer : Second Appeal filed under Section 100 of Civil Procedure
Code, to set aside the judgment and decree dated 27.01.2011 made in
A.S.No.23 of 2009 on the file of the Sub Court, Palani reversing the
judgment and decree dated 25.02.2009 made in O.S.No.381 of 2001 on
the file of the District Munsif Court, Palani.
1/6
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S.A.(MD)No.354 of 2011
For Appellant : Mr.K.V.Subramanian, Senior Counsel,
For Mr.G.Sridharan
For Respondent : Mr.R.Bharanidharan,
For Mr.R.Murali.
JUDGMENT
Arulmigu Dandayuthapani Swami Temple, Palani filed O.S.No.381
of 2001 on the file of the District Munsif Court, Palani seeking the relief
of permanent injunction and mandatory injunction against one Vijayan.
The suit was dismissed vide judgment and decree dated 25.02.2009.
Aggrieved by the same, the temple filed A.S.No.23 of 2009 before the
Sub Court, Palani. The first appellate Court reversed the decision of the
trial Court and decreed the suit vide judgment and decree dated
27.01.2011. Challenging the same, the defendant / Vijayan filed this
second appeal.
2.During the pendency of this second appeal, the appellant /
defendant had the benefit of interim order. It appears that the appellant
had also given an undertaking that he would not run any shop. This
second appeal is now posted for final disposal. At this stage, the learned
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counsel for the plaintiff / respondent herein filed C.M.P.(MD)No.7135 of
2025 for withdrawing the suit itself.
3.It is well settled that even at the second appeal stage, the suit can
be permitted to be withdrawn. The learned senior counsel for the
appellant submitted that no liberty should be reserved in favour of the
plaintiff. We sustain the said objection.
4.The respondent / plaintiff is allowed to withdraw the suit. As a
result, O.S.No.381 of 2001 filed by the plaintiff / respondent herein
before the District Munsif Court, Palani is dismissed as withdrawn. It is
needless to say that the judgment and decree granted by the first appellate
Court as well as the undertaking given by the appellant in this second
appeal stand effaced. In the affidavit filed in support of
C.M.P.(MD)No.7135 of 2025, it is pointed out that the appellant had
already filed a comprehensive suits in O.S.Nos.245 and 246 of 2024 on
the file of the Additional District Court, Palani seeking the reliefs of
declaration and permanent injunction.
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5.This second appeal is disposed of accordingly.
C.M.P.(MD)No.7135 of 2025 is allowed. No costs. Consequently,
connected M.P.(MD)No.1 of 2011 is closed.
(G.R.S. J.,) & (M.J.R. J.,)
25.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
Issue order copy on 25.04.2025.
To:
1.The Sub Court,
Palani.
2.The District Munsif Court,
Palani.
Copy to:
The Section Officer,
ER/VR Section,
Madurai Bench of Madras High Court,
Madurai.
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G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
25.04.2025
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