LAWS(MAD)-2009-3-187

S GOKULAKRISHAN Vs. DIVISIONAL EXCISE OFFICER CUDDALORE

Decided On March 18, 2009
S. GOKULAKRISHAN Appellant
V/S
DIVISIONAL EXCISE OFFICER, CUDDALORE Respondents

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiffs, animadverting upon the judgement and decree dated 09.09.2008 passed in A.S.No,36 of 2006 by the Second Additional Subordinate Judge's Court at Cuddalore, confirming the judgment of the trial Court, namely, Principal District Munsif Court at Cuddalore, in O.S.No,955 of 2004. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) PITHILY and precisely, tersely and briefly, avoiding discursive delineation of facts in view of the case of both sides having been set out in detail in the judgments of both the Courts below, I would like to set out the germane facts thus: The plaintiffs/second appellants herein filed the suit O.S.No,955 of 2004 seeking the following reliefs: "1. Declaring that the notice sent by the respondents on 02.11.2004 in Na.Ka.P.Tha.Ka. No,24/72-73 is illegal and ultra vires 2. restraining the respondents and their men and servants from taking any drastic action by way of recovery proceedings against the plaintiffs by an order of permanent injunction and

(3.) DESPITE printing the names concerned, none appeared.