LAWS(MAD)-2014-9-70

KALIANNA GOUNDER Vs. KOLANDAIVEL

Decided On September 03, 2014
KALIANNA GOUNDER Appellant
V/S
Kolandaivel Respondents

JUDGEMENT

(1.) THIS Memorandum of Second Appeal has been directed against the judgment and decree dated 29.1.2004 and made in A.S.No.21 of 2003 on the file of the learned Subordinate Judge, Sankagiri, confirming the judgment and decree dated 31.12.2002 and made in O.S.No.87 of 1994 on the file of the learned District Munsif, Sankagiri.

(2.) THE appellant herein is the plaintiff in the suit. The appellant Kalianna Gounder, during the pendency of the appeal, had passed away and therefore his legal representatives have been brought on record as the appellants 2 to 4 in pursuant to the order of this Court dated 22.8.2011 and made in CMP Nos.712 to 714 of 2011. The respondents herein are the defendants 1,3 and 4 in the suit. It is manifested from the records that the deceased appellant Kalianna Gounder had filed the suit in O.S.No.87 of 1994 on the file of the learned District Munsif, Sankagiri as against the respondents herein and other two defendants viz., Ramasamy Gounder and Pavayee, who were defendants 2 and 5, now passed away, seeking the relief of bare injunction as against them. The suit is centered around to an extent of 17 cents comprised in Survey No.180/1F described under the boundaries specified in the suit schedule. The suit was originally dismissed by the learned Trial Judge and subsequently the deceased plaintiff had preferred an appeal in A.S.No.21 of 2003 on the file of the learned Subordinate Judge, Sankagiri.

(3.) AFTER hearing both sides, the learned First Appellate Judge had proceeded to dismiss the appeal on 29.1.2004 on the ground that the deceased plaintiff is not entitled to the discretionary relief of injunction. Having been aggrieved by the judgment and decree dated 29.1.2004, the Second Appeal has been filed by the deceased plaintiff. The Second Appeal came to be admitted on the following substantial questions of law: -