Jeyaraman (died) vs Jeyalakshmi - 2024 Supreme(Mad) 1508

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1508

S. SOUNTHAR
Jeyaraman (died) – Appellant
Versus
Jeyalakshmi – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Natarajan, Senior Counsel, for Mrs.Vijayakumari Natarajan.
For the Respondent: Mr.T.Balaji, Mrs.M.Sudha Rani

JUDGMENT :

S.Sounthar, J.

PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 12.11.2008, passed in A.S.No.29 of 2008 on the file of Sub-Court, Aruppukottai, confirming the judgment and decree, dated 04.04.2008, passed in O.S.No.189 of 2002 on the file of District Munsif Court, Aruppukottai.

The first defendant in the suit for injunction is the appellant. The suit was decreed by the trial Court. The findings of the trial Court were affirmed by the first appellate Court. Aggrieved by the concurrent findings, the first defendant has come by way of this Second Appeal.

2. Pending Second Appeal, the sole appellant/first defendant died and his legal heirs were brought on record as Appellants 2 to 4. It is also seenthat the third respondent/second defendant died pending Second Appeal and his legal heirs were brought on record as Respondents 4 and 5.

3. The respondents 1 and 2 / plaintiffs 2 and 3, along with their deceased mother, deceased first plaintiff, namely, Meenakshi Ammal, filed the suit for bare injunction. According to the plaintiffs, the suit property was the self-acquired property of the first plaintiff. The plainti

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