LAWS(MAD)-2007-1-456

T GNANAMANI AMMAL Vs. AVANIAPPURAM TOWN PANCHAYAT

Decided On January 31, 2007
T. GNANAMANI AMMAL Appellant
V/S
AVANIAPPURAM TOWN, PANCHAYAT Respondents

JUDGEMENT

(1.) THE plaintiff calls in question the legality judgment and decree dated 22.12.1995 passed in Appeal Suit No.137 of 1992 by the II-Additional District Court, Madurai wherein the judgment and decree passed in Original Suit No.289 of 1998 by the Principal Subordinate Court, Madurai are confirmed.

(2.) THE appellant herein as plaintiff has instituted the Original Suit No.289 of 1990 on the file of the Principal Subordinate Court, Madurai, for the relief's of declaration and injunction wherein the present respondent has been shown as sole defendant. THE trial Court after contemplating both the oral and documentary evidence has dismissed the suit without costs. THE judgment and decree passed by the trial Court have been challenged in Appeal Suit No.137 of 1992. THE first appellate Court after reappraising the evidence adduced on either side has dismissed the appeal where under the judgment and decree passed by the trial Court are confirmed.

(3.) ON the basis of divergent pleadings raised by either party, the trial court has framed necessary issues and after analysing both the oral and documentary evidence, has dismissed the suit. The judgment and decree passed by the trial Court have been challenged in Appeal Suit No.137 of 1992. The first appellate Court has dismissed the appeal where under the judgment and decree passed by the trial court are confirmed.