LABONAR GOVINDASAMY (DECEASED) Vs. DHANALATCHOUMY @ RADJARATINAME (DECEASED)

JUDGEMENT

(1.) Second Appeal No.858 of 2001 has been filed by the appellant Labonar Govindasamy (deceased), who is the defendant in the suit filed by the respondent Dhanalatchoumy @ Radjarattiname (deceased) in O.S.No.24 of 1999 on the file of the learned Principal District Munsif, Pondicherry. The said suit was filed seeking for permanent injunction restraining the defendant and his men from trespassing into the suit property and not to put up any construction in the suit schedule property. But, the said suit was dismissed by the learned Principal District Munsif, Pondicherry by judgment and decree dated 16.12.1999. Aggrieved over the same, the respondent herein/plaintiff had filed an appeal in A.S.No.18 of 2000 before the Principal District Court at Pondicherry. The first appellate Court allowed the appeal, by reversing the judgment and decree of the Trial Court, and granted a decree restraining the appellant herein/defendant from carrying out any construction in the suit schedule property or from alienating the suit property in any manner.

(2.) To be noted, as against the judgment and decree in O.S.No.24 of 1999, the appellant/defendant had also filed a Cross Objection in A.S.No.18 of 2000 and the reason for filing the cross-objection is as follows:-

(3.) Now, as against the dismissal of the cross-objection, no appeal has been filed by the appellant/defendant. However, as against the judgment and decree passed by the first appellate Court granting injunction in favour of the respondent/plaintiff, the above second appeal (S.A.No.858/2001) has been filed by the appellant/defendant.