JUDGMENT 1. The Learned Counsel for the Respondent/Defendant has made an endorsement in the material papers of the Second Appeal to the effect that "the above Second Appeal has become infructuous and therefore, no cause of action survives and further, the disputed coconut tree has been removed on 08.02.2003." 2. It is to be noted that the Appellant/Plaintiff has filed O.S.No.243 of 1996 on the file of the Learned District Munsif, Nagapattinam seeking the relief of removal of the coconut tree by means of the grant of mandatory injunction. The trial Court as well as the 1st Appellate Court have dismissed the O.S.No.243 of 1996 on 10.09.1997 and the A.S.No.69 of 1998 on 26.10.1998. 3. Inasmuch as the disputed coconut tree has since been removed, as per the endorsement made by the Learned Counsel for the Respondent/Defendant, this Court dismisses the Second Appeal as an infructuous one in lieu of the fact that no case of action survives in the matter in issue. No costs.