LAWS(MAD)-2010-9-256

G SHANTHI Vs. C SUBRAMANIAM

Decided On September 28, 2010
G. SHANTHI Appellant
V/S
C. SUBRAMANIAM Respondents

JUDGEMENT

(1.) THE unsuccessful plaintiff in both the courts below is the appellant herein, who filed this second appeal, challenging the decree and judgment dated 06.12.2001 passed by the learned III Additional Judge, City Civil Court, Madras, in A.S.No.139 of 2000, whereby the decree and judgment dated 02.12.1999 passed by the learned II Assistant Judge, City Civil Court, Madras, in O.S.No.15487 of 1996, were affirmed.

(2.) THE appellant instituted the suit in O.S.No.15487 of 1996 against the respondent herein, to grant a permanent injunction restraining the respondent/defendant from transferring the suit property to anyone either in full or in part.

(3.) ON the basis of the above said pleadings, the trial court framed five issues and on the side of the plaintiff, she examined herself as P.W.1 and marked Exs.A-1 to A-8 and on the side of the defendant, D.W.1, his power agent, was examined and Exs.B-1 and B-2 were marked. The trial court, on considering the entire evidence on record, both oral and documentary, had dismissed the suit and as against the said judgment of the trial court, the plaintiff filed an appeal in A.S.No.139 of 2000 before the III Additional Judge, City Civil Court, Madras, wherein the appeal was also dismissed. Feeling aggrieved by the judgment of the appellate court, the plaintiff has filed the present second appeal.