R.KARUPPAN Vs. RAMASAMY MOOPER

JUDGEMENT

(1.) Originally, the sole defendant has filed the second appeal along with petition to condone the delay and pending decision, he died and on his death, appellants 2 to 6 have been brought on record, as legal representatives of the sole appellant/deceased defendant. The plaintiff is the respondent.

(2.) The plaintiff filed the suit for declaration of title and for injunction. The trial Court has granted the decree for declaration while declining the relief of injunction. As against the trial Court judgment, the defendant preferred an appeal in A.S.No.196 of 1996. The appeal was dismissed. Aggrieved over that, the present second appeal has been filed.

(3.) The second appeal has been admitted on the following substantial questions of law: