K. Samikonar (died) vs Pitchaiah Konar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1513

S. SOUNTHAR
K. Samikonar (died) – Appellant
Versus
Pitchaiah Konar – Respondent

Advocates Appeared:
For the Appellants : Mrs. P. Jessi Jeeva Priya for Mr. R. Aravinthan.
For the Respondents: Mr. G. Sritharan for Mr. T.M. Hariharan.

JUDGMENT :

(S. Sounthar, J.) :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.38 of 1997, dated 19.9.2001, on the file of Subordinate Judge, Ambasamudram confirming the judgment and decree made in O.S.No.568 of 1988, dated 28.7.1997, on the file of Additional District Munsif of Ambasamudram.)

The Second Appeal is directed against the judgment and decree made in A.S.No.38 of 1997, dated 19.9.2001, on the file of Subordinate Judge, Ambasamudram confirming the judgment and decree made in O.S.No.568 of 1988, dated 28.7.1997, on the file of Additional District Munsif of Ambasamudram.

2. The defendants in the suit are the appellants. The suit was filed for declaration of plaintiffs right over the suit second schedule lane portions and for consequential injujnction restraining the defendants from interferring with the plaintiffs right of user. The suit was decreed by the trial Court by granting declaration that the suit second schedule was a common pathway and consequential injunction. Aggrieved by the same, defendants preferred an appeal and the first appellate Court affirmed the findings of the trial Court. Hence, the d