LAWS(MAD)-2011-3-427

GNANASOUNDARI Vs. VAIRAKANNAN

Decided On March 14, 2011
GNANASOUNDARI Appellant
V/S
Vairakannan Respondents

JUDGEMENT

(1.) THESE Second appeals are focussed by D3 and D4 in the original suit, animadverting upon the judgment and decree dated 31.12.2004 passed in Cross Appeal No.85 of 2003 and A.S.No.85 of 2003 respectively, by the first Additional Subordinate Judge, Villupuram, reversing the judgment and decree of the Principal District Munsif, Villupuram in O.S.No.174 of 1996. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) A recapitulation and summation of the relevant facts absolutely necessary and germane for the disposal of these Second Appeals would run thus:

(3.) ULTIMATELY the trial Court decreed the suit declaring the title of the plaintiff to the suit property, but rejected the prayer for injunction, as against which D3 and D4 preferred appeal challenging the grant of declaration by the trial Court. Whereas, cross appeal was filed by the plaintiff as against the rejection of his prayer for injunction by the trial Court. The appellate Court dismissed the appeal filed by D3 and D4 and allowed the cross appeal, whereby the plaintiff got both the reliefs as prayed in the suit.