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2019 Supreme(Mad) 3048

ABDUL QUDDHOSE
N. R. Shanmugham – Appellant
Versus
Baskar – Respondent


Advocates Appeared:
For the Appellant : V.K. Rajagopalan.
For the Respondents: N. Subbarayalu.

JUDGMENT :

Abdul Quddhose, J.

1. This Second Appeal has been filed challenging the, Judgment and decree dated 20.01.2007, passed in A.S. No. 19 of 2005 on the file of Additional District Court, (FTC No. V), Tiruvallur reversing the Judgment and Decree dated 27.02.2004 passed in O.S. No. 232 of 1990 on the file of District Munsif Court, Tiruttani.

2. This Court, while admitting the Second Appeal on 27.09.2007 formulated the following substantial question of law for consideration:

    Whether the lower appellate Court is right in holding that the suit for bare injunction is not maintainable in the absence of a prayer for declaration of title and whether the judgment of the lower appellate Court is contrary to the decision of the Apex Court in AIR 2007 SC 900?

3. The first appellant died during the pendency of this Second Appeal and his Legal Representatives were brought on record as Appellants 2 to 7. The first appellant who died during the pendency of this Second Appeal is the plaintiff in the suit. The respondents are the defendants 2 to 6 in the suit. Varnam Narayanasamy Reddy was the first defendant in the suit, who died during the pendency of the suit.

4. For the sake of convenience, the

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