Madras High CourtSA(MD)/393/2010dismissed as infructuous

Pappa Naicker v. The District Collector

2022-02-24Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.393 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.393 of 2010 1.Pappa Naicker 2.Pomma Naicker 3.Chennama Naicker 4.Pitchaimuthu Naciker 5.Navanaicker 6.Pomma Naicker 7.Andisamy Naicker 8.Karunakiri Naicker 9.Thangaraj Naicker 10.Kodammal ... Plaintiffs / Appellants / Appellants -Vs1.District Collector, Karur District, Thanthonimalai, Karur.

2.The Tahsildar, Kulithalai Taluk, Trichy-Karur Main Road, Kulithalai, Karur District.

... Defendants / Respondents /Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 14.08.2009 made in A.S.No23 of 2009 on the file of the Sub Court, Kulithalai confirming the judgment and decree dated 26.10.2004 made in O.S.No.15 of 2002 on the file of the District Munsif, Kulithalai. For Appellant : Mr.G.Sridharan For Respondents : Mr.N.Muthu Vijayan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.393 of 2010

JUDGMENT

The plaintiffs in O.S.No.15 of 2002 on the file of the District Munsif Court, Kulithalai are the appellants in this second appeal.

2. The suit was for bare injunction. The case of the plaintiffs was that it is a natham. The trial court dismissed the suit and the first appellate court also confirmed the same. Questioning the same, this second appeal came to be filed.

3. It appears that most of the appellants are no more. Be that as it may, the learned Special Government Pleader appearing for the respondents has filed status report stating that a school building has been constructed on the suit property. Therefore, nothing survives for further adjudication. The second appeal is dismissed as infructuous. No cost.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The Judge, Sub Court, Kulithalai.

2.The District Munsif, Kulithalai.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.SPL GP ( SR-8763[F] dated 25/02/2022 ) S.A.(MD)No.393 of 2010 24.02.2022 RD(15.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2