N. Shankar v. Udhagamandalam Municipality

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023 CORAM : JUSTICE N.SESHASAYEE 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

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 2/4

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.

3/4

N.SESHASAYEE.J., ds 05.06.2023 4/4