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2018 Supreme(Mad) 4407

T.RAVINDRAN
A. Kathirvel – Appellant
Versus
C. Thiagarajan – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Kalyanaraman
For the Respondents: Mr. S.K. Raghunathan, Senior Counsel for Mr. S. Kaithamalai Kumaran

JUDGMENT :

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 21.02.2014 passed in A.S.No.23 of 2013 on the file of the principal subordinate Judge, Salem, confirming the judgment and decree dated 27.09.2012 passed in O.S.No.508 of 2008 on the file of the II Additional District Munsif, Salem.

In this second appeal, challenge is made to the judgment and decree dated 21.02.2014 passed in A.S.No.23 of 2013 on the file of the principal subordinate Court, Salem, confirming the judgment and decree dated 27.09.2012 passed in O.S.No.508 of 2008 on the file of the II Additional District Munsif Court, Salem.

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

“(a) Whether the suit for bare injunction in respect of the suit cart track is maintainable in the absence of the relief seeking for declaration of the title over such cart track especially when the defendants in their statement disputed the claim of the plaintiff and claim the suit cart track as their exclusive property?”

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is

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