ETHIRAJ Vs. SAMPOORNAMMAL

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants 1,2,3,5 and 6, inveighing the judgement and decree dated 03.11.2003 passed by the learned Principal District Judge, Erode in A.S.No.5 of 2003 modifying the judgment and decree dated 15.11.2002 passed by the learned District Munsif cum Judicial Magistrate, Perundurai in O.S.No.34 of 1997.

(2.) THE parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

(3.) MY learned Predecessor framed the following substantial question of law: Would not the Advocate Commissioner's report in the earlier proceedings namely O.S.No.86 of 1972 to which the present plaintiff is a party (the said report is marked in this proceeding as Ex.B1) would legally come in the way of the plaintiff maintaining her claim for mandatory injunction? (extracted as such)