JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. The instant appeal arises from the final judgment and order dated 29.03.2019 passed by the Madurai Bench of the High Court of Madras in A.S. (M.D.) No. 143 of 2018 allowing the appeal filed by the unsuccessful defendants in O.S. No. 186 of 2016 (the Respondents herein), wherein the suit for damages filed by the Appellant herein had been decreed by the First Additional District Judge, Madurai, vide order dated 03.04.2018.

3. The short question in this appeal is whether the suit for damages filed by the Appellant is maintainable in light of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (in short “the Act”), which depends on whether the Act excludes the jurisdiction of the civil court. In this respect, the brief facts of the case as alleged by the Appellant are as follows:

3.1 The Appellant runs a hotel at Madurai. He had purchased a plot of land adjacent to a plot owned by his father, where he started construction in 2014. The Appellant’s father filed O.S. No. 783 of 2014 against Respondent No. 1 for the relief of injunction, since Respondent No. 1 had started putting up a construction in front of the Appellant’s