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2014 Supreme(Mad) 3083

S.TAMILVANAN
G. Balakrishnan – Appellant
Versus
K. Jayalakshmi – Respondent


Advocates Appeared:
For the Appellants :Christopher Vijay, Advocate.
For the Respondent:Mohanamurali for M.V. Muralidharan, Advocates.

Judgment :

1. The second appeal has been preferred under Section 100 of the Code of Civil Procedure against the Judgment and Decree, dated 19.08.2009 passed in A.S.No.12 of 2008 on the file of the Subordinate Judge, Tambaram, confirming the Judgment and Decree, dated 10.09.2008 made in O.S.No.341 of 2007 on the file of the District Munsif Court, Tambaram.

2. The suit was filed by the respondent herein against the appellants, seeking permanent injunction restraining defendants, their men, agent etc., from interfering with the peaceful possession and enjoyment of the suit schedule property and for costs.

3. The suit was decreed after the trial, as prayed for without costs, against which, the defendants preferred an appeal. The Appellate Court, by its Judgment and Decree, dated 19.08.2009, confirmed the Judgment and Decree and dismissed the appeal without costs. Aggrieved by the said Judgment and Decree passed by the Appellate Court, this second appeal has been preferred by the defendants.

4. It is seen that the second appeal was admitted on the following substantial questions of law :

"1. Whether the suit for bare injunction, when there is a cloud or dispute or rival claim on title o

































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