C.SAMBASIVAM Vs. C.RAMAKRISHNAN

JUDGEMENT

(1.) These two Original Side Appeals have been preferred by the appellant, being aggrieved against the orders passed by the learned single Judge in Application No.1018 of 2012 in C.S.No.753 of 2012 and Application No.1027 of 2012 in C.S.No.789 of 2012 respectively.

(2.) The appellant herein, who is the respondent in Application No.1018 of 2012 in C.S.No.753 of 2012, challenging the order of injunction granted against him, has preferred an appeal in O.S.A.No.462 of 2012. Challenging the order of the learned single Judge in not granting injunction in favour of the appellant, who is the applicant in Application No.1027 of 2012 in C.S.No.789 of 2012, has filed an appeal in O.S.A.No.100 of 2013.

(3.) The appellant is the one among the three brothers, who owned entire suit property. A portion of the land in the suit property owned by the appellant and his brothers were sold in pursuant to the development agreement with the third parties. Number of flats have been constructed in the portion of the suit property. After the said construction, the appellant and his brothers partitioned the remaining properties. Now the question for consideration in the suit is as to whether the passage, which is the subject matter of the suit, is to be exclusively used by the appellant and his brothers as against their tenants and other flat owners.