This is an appeal directed arising out of concurrent finding in the suit filed by the appellant/plaintiff for declaration and injunction.
2. At the time of admission of this Second Appeal, this Court has formulated the following substantial question of law:-
“Whether the Courts below have committed an error in law in dismissing the declaratory relief with reference to the Well situated in the entire extent of property for which the declaratory relief had been grnated in favour fo the plaintiff ? ”
3. Today, when the matter was taken up for hearing, the learned counsel for the appellant/ plaintiff submitted that the appellant had sold away the suit property including the Well to a third party 10 years back. The learned counsel further submitted that the appellant/ plaintiff is no more interested in prosecuting the matter further.
4. The said statement made by the learned counsel for the appellant is recorded. In such view of the matter, the Second Appeal is dismissed. No costs.
31.07.2017 jbm Index: Yes/No Speaking order/non speaking order To
1. The Subordinate Judge, Attur.
2. The District Munsif, Attur.
Dr.G.JAYACHANDRAN.J., jbm
Second Appeal No.1285 of 2000
31.07.2017