BALASUBRAMANIAN Vs. VENKATESAN

JUDGEMENT

(1.) THIS Second appeal is focussed by the original defendants, animadverting upon the judgment and decree dated 20.04.2010 passed in A.S.No.59 of 2008 by the learned Subordinate Judge, Poonamallee, reversing the judgment and decree of the learned District Munsif-cum-Judicial Magistrate, Ambattur in O.S.No.439 of 2004. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) The plaintiff filed the suit seeking the following reliefs: "(i) To grant a permanent injunction restraining the defendants from putting up iron grill gate (open type) in front of main door in the 'B' schedule property and thereby interfering in any manner with the plaintiffs' peaceful common enjoyment of the 'C' schedule property; and (ii) for costs." (Extracted as such) (b) The written statement was filed by the defendants resisting the suit. (c) Whereupon the trial Court framed the issues. (d) During trial, the first plaintiff-Venkatesan examined himself as P.W.1 and Exs.A1 to A8 were marked. On the side of the defendants, one Mr.Jayavelu was examined as D.W.1 and Exs.B1 to B6 were marked. Exs.C1 and C2 were marked as Court Exhibits. (e) Ultimately the trial Court dismissed the suit as against which appeal was filed.

(3.) BEING aggrieved by and dissatisfied with the judgment and decree of the appellate Court, the defendants preferred this Second Appeal on various grounds and also suggesting the following substantial questions of law: