P RAJAGOPAL Vs. P SRINIVASAN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 27.3.2008, made in A.S.No.143 of 2007, on the file of the Principal Subordinate Court, Salem, confirming the judgment and decree, dated 4.1.2007, made in O.S.No.70 of 2006, on the file of the Additional District Munsif Court, Salem.

(2.) THE defendant in the suit is the appellant in the present second appeal. THE plaintiff in the said suit is the respondent herein. THE suit had been filed praying for a decree of permanent injunction restraining the defendant and his men from, in any way, disturbing the peaceful possession and enjoyment of the suit property by the plaintiff and for costs.

(3.) THE learned counsel appearing on behalf of the respondent had submitted that the failure of the First Appellate Court to consider the additional evidence adduced on behalf of the appellant, by way of Exs.B-11 to B-17, would not make any material difference to the outcome of the appeal and therefore, it may not be necessary for this Court to set aside the judgment and decree of the First appellate Court, dated 27.3.2008, made in A.S.No.143 of 2007, and to remit the matter back to the said Court for giving its findings, based on the exhibits marked as Exs.B-11 to B-17.