M. Rajagopal vs Suresh - 2022 Supreme(Mad) 510

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 510

R. VIJAYAKUMAR
M. Rajagopal – Appellant
Versus
Suresh – Respondent

Advocate Appeared:
For the Appellant :Shanghar Murali, Advocate.
For the Respondents:Y. Krishnan, R2, R. Baskaran, Advocates.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, to allow the second appeal by setting aside the judgment and decree dated 11.07.2019 passed in A.S.No. 11 of 2019 on the file of the I Additional Subordinate Court, Tiruchirappalli confirming the judgment and decree dated 17.12.2018 made in O.S.No.1240 of 2011 on the file of the III Additional District Munsif Court, Tiruchirappalli.

1. The plaintiff is the appellant.

2. The plaintiff had filed O.S.No.1240 of 2011 on the file of the III Additional District Munsif Court, Trichy for the relief of permanent injunction restraining the first defendant or any person claiming under him from in any way interfering or preventing the plaintiff's right of user of the suit road shown in 'B' schedule property vested with the second defendant as access to 'A' schedule property. The said suit was dismissed by the trial Court. The plaintiff had filed A.S.No.11 of 2019 before the I Additional Subordinate Court, Trichy. The learned Subordinate Judge was pleased to dismiss the said appeal. As against the concurrent findings, the present second appeal has been filed.

3. The plaintiff had contended that he is the owner of 'A' schedule pro