KUMARESAN DIED Vs. SEVVEL

JUDGEMENT

(1.) THIS second appeal is focused by the defendants animadverting upon the judgment and decree dated 19.08.2010 passed in A.S. No. 6 of 2010 by the learned Subordinate Judge, Mettur reversing the decree and judgment dated 22.01.2010 passed in O.S. No. 294 of 2005 by the District Munsif Court, Mettur. For the sake of convenience, the parties are referred to hereunder according to their litigative status and ranking before the trial court.

(2.) COMPENDIOUSLY and concisely, the relevant facts which are absolutely necessary and germane for disposal of this second appeal wound run thus:-

(3.) HEARD both sides. After hearing the counsel for both sides, I have been of the considered view that in this appeal, it has to be seen (i) whether the First Appellate Court was justified in reversing the portion of the judgment and decree of the trial court in not granting the relief of injunction in favour of the defendants, based on Exs. B6 and Ex.X1 and the evidence of the public officials, DWs 4 and 5" and (ii) Whether there is any perversity or illegality in the decree and judgment passed by the first appellate Court. Points 1 and 2: These points are taken together for discussion as they are interlinked and interconnected with each other.