V P SALU Vs. R VADIVELU

JUDGEMENT

(1.) THE unsuccessful plaintiffs are the appellants herein and they filed the suit for the relief of declaration that they are entitled to the easementary right of way described in Part - II of the schedule to the plaint and for injunction.

(2.) THE case of the appellants/plaintiffs is that they are the widow and children of one Mr.O.M.George, who purchased the suit property described in Part - I of the schedule, along with the right of way from Kandal Bazaar Road on the south to the plaintiffs' property. THE right of way is described as Part -II of the schedule and in respect of the right of way only, the suit was filed.

(3.) BEING aggrieved, the appellants preferred an appeal against the dismissal of the suit and the respondent filed appeal against the findings of the trial Court that the suit filed by the appellants is not barred by Order 22, Rule 9 of C.P.C. and the First Appellate Court dismissed the appeal filed by the appellants and allowed the appeal filed by the respondent, holding that the present suit is barred by Order 22, Rule 9 of C.P.C. Hence, the Second Appeal.