LAWS(MAD)-2018-3-1417

AMALGAMATIONS LTD Vs. V S SURESHKUMAR

Decided On March 28, 2018
AMALGAMATIONS LTD Appellant
V/S
V S Sureshkumar Respondents

JUDGEMENT

(1.) The cross objection has been preferred by the respondents in S.A.No.1195 of 2003 against the findings of the first appellate court in paragraph No.28 of the judgment dated 27.10.1999 passed in A.S.No.12 of 2003 on the file of the Subordinate Court, Poonamallee.

(2.) The suit in O.S.No.1674 of 1992 has been laid by the cross objectors for declaration and permanent injunction, in respect of the plaint B schedule property. The abovesaid suit of the cross objectors has been resisted by the appellants, by filing a written statement and it is found that in support of the case of the cross objectors, P.W.1 has been examined and Exs.A1 to A8 were marked and on the side of the appellants/defendants, D.Ws.1 and 2 were examined and Exs.B1 and B2 were marked. Exs.C1 and C2 were also marked.

(3.) On a consideration of the oral and documentary evidence adduced by the respective parties and the submissions made, the trial court was pleased to dismiss the suit laid by the cross objectors. On appeal, the first appellate court, on an appreciation of the materials placed, was pleased to set aside the judgment and decree of the trial court and by way of allowing the appeal preferred by the cross objectors, decreed the suit as prayed for. Aggrieved over the same, the defendants have preferred the second appeal. The cross objectors being agreed over the findings of the first appellate court as found in paragraph 28 of the judgment has come forwarded with the cross objection.