LAWS(MAD)-2016-8-138

GNANASARGUNAM Vs. DAKSHINAMURTHY

Decided On August 19, 2016
Gnanasargunam Appellant
V/S
DAKSHINAMURTHY Respondents

JUDGEMENT

(1.) Second Appeal No.1067 of 2015 is filed by the defendant in a suit for bare injunction filed by the respondent in the above appeal. Second Appeal No.1068 of 2015 is filed by the plaintiff in a suit for bare injunction filed against the respondents herein in the above appeal. In other words, there are two suits filed for the relief of the bare injunction by the respective parties before the Court below in respect of the same property and both the suits are decided against the Appellants herein. To put it more clear, the injunction suit filed by the appellant in S.A.No.1068 of 2015 came to be dismissed whereas the other injunction suit filed by the respondents in S.A.No.1067 of 2015 came to be decreed concurrently by both the Courts below. The dispute between the parties is in respect of a lane lying between their respective properties.

(2.) According to the appellants, the suit property is a lane and the respondents are not entitled to interfere with their enjoyment of the said lane. Both the Courts below, based on the factual aspects of the matter and the evidence let in by the parties, rejected the case of the appellants.

(3.) Heard, the learned counsel appearing for the appellants and the learned counsel appearing for the respondents.