THANJI AMMAL Vs. KUTTACHI AMMAL

JUDGEMENT

(1.) The 5th defendant in the original suit in O.S.No.224/1999 on the file of the Court of Additional District Munsif, Tiruvannamalai, is the appellant in the present second appeal. The respondents 1 to 6 herein filed the above suit against the rest of the respondents and the appellant herein for the relief of permanent injunction. The learned Additional District Munsif, Tiruvannamalai, after trial, dismissed the suit holding that the respondents 1 to 6/plaintiffs 1 to 6, were not entitled to the relief of injunction sought for in the plaint. As against the decree of the trial court dated 10.2.2004 dismissing O.S.No.224/1999, the respondents 1 to 6 herein/plaintiffs, preferred an appeal in A.S.No.36/2005 on the file of the lower appellate judge, namely the Principal Subordinate Judge, Tiruvannamalai. The learned lower appellate judge, after hearing, allowed the appeal, set aside the decree dated 10.2.2004 passed by the trial court and decreed the suit by his judgment and decree dated 20.03.2006. As against the said judgment and decree of the learned lower appellate judge, the present second appeal has been filed by the appellant herein, who figured as the 5th defendant in the suit.

(2.) The second appeal was admitted identifying the following to be the substantial questions of law involved in the second appeal:

(3.) The arguments advanced by Mr.S.Mukunth, learned counse appearing for M/s.Sarvabhauman Associates, on behalf of the appellant, by Mr.S.Vediyappan, learned counsel for the respondents 1 to 6 and by Mr.N.Muthuswami, learned counsel for the respondents 7 to 10 are heard. The materials available on record are also perused.