RAJARAMAN AND ORS. Vs. SUBRAMANIYAN

JUDGEMENT

(1.) The defendants in the original suit are the appellants in the second appeal. Subramaniyan, the respondent herein filed O.S.No.248 of 1999 on the file of the Court of Additional District Munsif Court, Chidambaram, for a bare injunction against the appellants herein (defendants) restraining them from putting up any construction in the plaint 'B' schedule property and thereby obstructing the right of way claimed by the respondent herein/plaintiff to the plaint 'A' schedule property from the main road.

(2.) The learned trial Judge (Additional District Munsif, Chidambaram), accepted the case of the respondent herein/plaintiff and granted the relief as prayed for by a judgment and decree dated 16.06.2004. Aggrieved by and challenging the decree of the trial Court, the appellants herein (defendants) preferred an appeal before the learned Sub-Judge, Chidambaram in A.S.No.47 of 2004. The learned lower appellate Judge, after hearing, concurred with the findings of the trial Court and dismissed the appeal by a judgment and decree dated 25.09.2007. It is as against the said decree of the lower appellate Court dated 25.09.2007 made in A.S.No.47 of 2004, the present second appeal came to be filed.

(3.) The second appeal was admitted on 03.12.2008 and the following questions were formulated as substantial questions of law involved in the second appeal: