Madras High CourtSA/640/2017dismissed as infructuous

S.I.M.Khader Mohideen v. Nandalal Jain

2022-02-11Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR S.A. No.640 of 2017 S.I.M.Khader Mohideen .. Appellant/Plaintiff in Trial Court Vs.

1. Nandalal Jain

2. V.Nagarajan .. Respondents/Defendant in Trial Court Second Appeal filed under Section 100 of Civil Procedure Code, 1908, against the judgment and decree dated 22.12.2016 made in A.S. No.396 of 2014 on the file of the XV Additional City Civil Court, Chennai, confirming the judgment and decree dated 08.08.2014 made in O.S. No.3107 of 2010 on the file of the IV Assistant City Civil Court, Chennai with costs. For Appellant : Mr. S.Saravanan

JUDGMENT

Learned counsel for the appellant submitted that the appellant as plaintiff filed a suit for permanent injunction in O.S. No.3107 of 2010 on the file of IV Assistant City Civil Court, Chennai. As against the judgment and decree of the Courts below, the above Second Appeal is preferred by the plaintiff. It is now admitted that the plaintiff was evicted from the premises by due process of law and that therefore, nothing survives for further adjudication in this appeal. Hence, learned counsel appearing for the appellant states that the appeal may dismissed as infructuous.

2. Recording the statement of the learned counsel for the appellant, this Second Appeal is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

bkn To

1. The XV Additional City Civil Judge, Chennai.

2. The IV Assistant City Civil Judge, Chennai COPY TO The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr. S.Saravanan, Advocate, S.R.No.8871 S.A. No. 640 of 2017 GPL(CO) CT(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/