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Madras High CourtSA/259/2018disposed of

K.Raju v. A.Anwardeen

2023-12-15Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR K.Raju ... Appellant Vs.

1.A.Anwardeen 2.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.

... Respondents Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree passed in A.S.No.202 of 2015 dated 24.10.2017 on the file of the XIX Additional Judge, City Civil Court, Chennai, reversing the decree and judgment passed in OS.No.9488 of 2006 on the file of VIII Assistant Judge, City Civil Court, Chennai and dated 27.04.2015.

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For Appellant : Mr.A.R.Nixon For Respondent : Mr.K.Sridhar for R1 Ms.K.Aswini Devi for R2 Standing Counsel (GCC)

JUDGMENT

The appellant/plaintiff filed a suit seeking injunction restraining the first respondent from running a Dental Laboratory Unit in the suit property and also for mandatory injunction directing the second respondent to cancel the license issued to the first respondent for running Laboratory. The suit was decreed and the appeal filed by the first respondent was allowed. Aggrieved by the same, the plaintiff has come up with this Second Appeal.

2. When the Second Appeal is taken up for hearing, the learned counsel for the first respondent filed a memo stating that the first respondent closed the operation of the Dental Laboratory in the suit property and license issued to him by the second respondent also expired. It is also further stated that the first respondent has not applied for any fresh license from the second respondent.

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3. In view of the memo filed by the first respondent that Dental Laboratory in the suit property was already closed, the prayer sought for in the suit has become infructuous. Recording the memo filed by the first respondent, the Second Appeal is disposed of. No costs.

15.12.2023 Index : Yes/No Internet : Yes/No : Yes/No dna To 1.The XIX Additional Judge, City Civil Court, Chennai 2.The VIII Assistant Judge, City Civil Court, Chennai. 3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.

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S.SOUNTHAR , J.

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