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Madras High CourtSA/226/2008dismissed

Arunachalam v. Palanivel

2024-09-27Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and M.P.No. 1 of 2008 S.A.No.226 of 2008 Arunachalam ... Appellant

Versus

1. Palanivel

2. Ekambaram

3. Revenue Divisional Officer, Katcheri Road, Mayiladuthurai.

4. District Collector, Nagapattinam.

... Respondents Prayer:- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 22.03.2007 in A.S.No.124 of 2005 on the file 1/5

of Addl. Subordinate Judge (Incharge), Myladuthurai as reversed the judgment and decree dated 30.06.2005 in O.S.No.231 of 2003 on the file of the District Munsif Court, Sirkali.

For Appellant : Mr.M.Venkataseshan For Respondents : Mr.S.Vadivel Murugan for R2 Dr. S.Suriya for R3 and R4 R1 - refused S.A.No.258 of 2008

1. Arunachalam

2. Rajendran ... Appellants

Versus

1. Ekambaram

2. Thillainayagam

3. Sivaprakasam

4. Nalasekaran

5. Senthil ... Respondents Prayer:- Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 22.03.2007 in A.S.No.139 of 2005 on the file of Addl. Subordinate Judge (Incharge), Myladuthurai as reversed the judgment and decree dated 30.06.2005 in O.S.No.267 of 2003 on the file of 2/5

the District Munsif Court, Sirkali.

For Appellants : Mr.M.Venkataseshan For Respondents : R1 & R2 - No appearance R4 - Dismissed R3 & R5 - given up JUDGEMENT Today, when the matter taken up for hearing, both learned counsel for appellants, learned counsel for 2nd respondent as well as learned Addl. Government Pleader appearing for respondents 2 and 3 appeared. The learned counsel for appellants submitted that there is a dispute between the parties with regard to a pathway, but there is no objection raised on the side of respondents to use the same as common. Furthermore, the pathway is a common pathway and now the appellant is enjoying the same without any objection. Hence, nothing survives for further adjudication in these Appeals. Accordingly, these Second Appeals are dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed. 27.09.2024 3/5

rpp To

1. Addl. Sub-Judge (Incharge), Mayiladuthurai.

3. Revenue Divisional Officer, Katcheri Road, Mayiladuthurai.

4. District Collector, Nagapattinam.

4/5

T.V.THAMILSELVI, J.

rpp 27.09.2024 5/5