SA No. 79 of 2008 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-06-2026 CORAM THE HON'BLE MRS.JUSTICE N. MALA SA No. 79 of 2008 1. K.Subramanian 37, Line Street, Namakkal. 2. S.Mallika 37, Line Sttreet, Namakkal. ..Appellant(s) Vs K.Sivashanmugasundaram S/o. late Krishnappa Chettiar, 39, Fort Main Road, Namakkal. ..Respondent(s) Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree of the learned Additional District Judge (Fast Track Court) Namakkal dated 25.10.2007 made in A.S.1 of 2003 modifying that of the learned District Munsif, Namakkal dated 28.11.2002 made in O.S.No.158 of 2001. For Appellant(s): Mr.N.S.Deepak For Respondent(s): Mr.T.Dhanyakumar https://www.mhc.tn.gov.in/judis SA No. 79 of 2008 __________ Page2 of 4 JUDGMENT The learned counsel for the appellant has filed a memo seeking to withdraw the second appeal as infructuous, on the ground that relief of declaration and mandatory injunction relating to the pipeline underneath 12 feet pathway, no longer survives for consideration and has become infructuous. 2.Recording the submissions and memo of the learned counsel for the appellant, the second appeal is dismissed as infructuous. No costs. 10-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dsn https://www.mhc.tn.gov.in/judis SA No. 79 of 2008 __________ Page3 of 4 To 1. The Additional District Judge (Fast Track Court) Namakkal. 2.The District Munsif, Namakkal. https://www.mhc.tn.gov.in/judis SA No. 79 of 2008 __________ Page4 of 4 N.MALA J. dsn SA No. 79 of 2008 10-06-2026 https://www.mhc.tn.gov.in/judis