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2018 Supreme(Mad) 4413

T.RAVINDRAN
P. S. Ulagaratchagan – Appellant
Versus
Kanagavelpandi – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Thiagarajan, SC for M/s. P. Seshadri
For the Respondent: Mr. V. Chandrasekaran

JUDGMENT :

Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and Decree dated 16.12.2014 in A.S.No.134 of 2014 on the file of the XVII Additional Judge, City Civil Court at Chennai reversing the judgment and decree dated 30.09.2011 in O.S.No.5134 of 2008 on the file of the XVI Assistant Judge, City Civil Court at Chennai.

Challenge in this Second Appeal is made to the judgment and decree dated 16.12.2014 passed in A.S.No.134 of 2014 on the file of the XVII Additional Judge, City Civil Court, Chennai reversing the judgment and decree dated 30.09.2011 in O.S.No.5134 of 2008 on the file of the XVI Assistant Judge, City Civil Court, Chennai.

2. The second appeal has been admitted on the following substantial questions of law.

(i) Whether the Lower Appellate Court is right in reversing the well considered of the Trial Court without proper appreciation of several exhibits produced on the side of the 1st defendant/appellant?

(ii) Whether the suit for bare injunction is maintainable without a prayer for declaration of title especially when the appellant had disputed the title of the plaintiff?

3. Considering the scope of the issues involved between the parties as rega

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