M JESIAN Vs. THIRUVADUTHURAI ADHINAM

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 2.7.2007 in A.S. No.23 of 2007 on the file of Subordinate Judge, Padmanabhapuram, confirming the judgment and decree dated 29.12.2006 in O.S. No.10 of 2004 on the file of Additional District Munsif Court, Padmanabhapuram.

(2.) THE appellant in the present Appeal preferred a Suit in O.S. No.10 of 2004 before the Trial Court praying for a decree of permanent prohibitory injunction restraining the respondents herein, their men and employees and all those who claim right under them in any form or kind, whatsoever, from doing anything calculated to interfere or disturb the peaceful possession and enjoyment of the suit property by the appellant.

(3.) THE first respondent further contended in the written statement that the appellant along with others participated in the auction on 27.12.2003 and when he found that he could not match the amount of bid offered by the other bidders, he dropped out of the auction without completing the auction formalities and immediately, filed the Suit with untenable claims. THE first respondent further averred in the written statement that in the auction held on 27.12.2003, one Mr. D.W. Sathish took the license for a sum of Rs.2,00,000/- per year and in view of the litigation, the first respondent could not receive the auction amount from the new licensee. Accordingly, the first respondent prayed for dismissal of the Suit.