Madras High CourtSA(MD)/1111/2006dismissed as infructuous

Vijayan v. Kamila Beevi

2021-09-15Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.1111 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.1111 of 2006 Vijayan ... Appellant/Appellant/ Defendant Vs.

Kamila Beevi ... Respondent/Respondent/ Plaintiff Prayer: Second appeal filed under Section 100 of Criminal Procedure Code, to set aside the Judgment and Decree of the learned II Additional Sub Judge, Tirunelveli, dated 17.08.2005 in A.S. No.167 of 2005, confirming the Judgment and Decree of the learned Principal District Munsif, Tirunelveli, dated 20.12.2004 in O.S.No.423 of 2003 with cost.

For Appellant : Mr.P.Jeyapaul * * *

J U D G M E N T

The defendant in O.S.No.423 of 2003 on the file of the Principal District Munsif, Tirunelveli, is the appellant herein.

2. The respondent herein filed the said suit seeking permanent injunction against the appellant herein from putting up construction in the suit property. The suit was decreed. The appeal filed by the appellant herein was dismissed by the first appellate Court. Challenging the same, the second appeal came to be filed. During the pendency of the second appeal, the appellant herein/tenant in the suit property vacated the premises.

3. Therefore, nothing survives for further adjudication. This second appeal is dismissed as infructuous. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.1111 of 2006 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The II Additional Sub Judge, Tirunelveli.

2. The Principal District Munsif, Tirunelveli.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.1111 of 2006 15.09.2021 RK (24.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2