S. KUMAR Vs. S. RAMALINGAM

JUDGEMENT

(1.) The defendants are in appeal aggrieved against the judgment and decree passed by the High Court of Judicature at Madras on March 6, 2007, whereby judgment and decree passed by the First Appellate Court was not interfered with in the second appeal.

(2.) The plaintiff - respondent filed two suits, firstly, OS No. 2251 of 1985 claiming an injunction against the defendants from using a pathway shown as A B C D in the plaint and claiming exclusive right to use the said path. Another suit OS No. 9158 of 1986 was filed restraining the defendants from preventing the plaintiff from using the pathway to reach their land E F G H.

(3.) The learned trial court dismissed the suits on April 22, 1991 holding the defendants have right of necessity of access to their property over the pathway A B C D in the first suit. However, the First Appellate Court allowed the appeal on September 16, 1993 and granted injunction as prayed holding that there is no necessity of easement as the said defendant has access from the property of her husband which is on Mowbrays Road. The High Court has maintained the judgment and decree of the First Appellate Court vide judgment dated March 6, 2007.