JUDGMENT :

This second appeal has been directed against the Judgment and decree, dated 19.11.2009 passed in A.S.No.16 of 2009, by the Additional Sub-Court, Thanjavur, wherein, the Judgment and decree, dated 23.12.2008 passed in O.S.No.195 of 2007 by the District Munsif Court, Thanjavur, are reversed.

2. The appellant herein as plaintiff has instituted a suit in O.S.No.195 of 2007 on the file of the trial Court for mandatory injunction directing the second defendant to cancel the marriage application given on 23.02.2007 and to pass a decree for permanent injunction proceeding with the solemnization of any marriage of the plaintiff with the first defendant under the second defendant under the Special Marriage Act, 1954, wherein, the respondents have been shown as the defendants.

3. In the plaint, it is averred that the plaintiff and the first defendant were working as Guest Lecturers and both of them loved each other and they decided to marry. Both agreed to give a joint application to solemnize the marriage at Thanjavur in the form and procedure as contemplated under the provisions of the Special Marriage Act, 1954, as amended. It was also agreed by the first defendant that within the