JUDGMENT

Feeling aggrieved by the Judgment and Decree dated December 19, 2011 passed in O.S.No.7944 of 2010 by the 'Additional District and Sessions Judge, Fast Track Court – V, Chennai' ['Trial Court' for brevity], the defendant therein has filed this Appeal Suit under Section 96 read with Order XLI Rule 1 and 2 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].

2. To be noted, originally the plaint was presented before this Court seeking the relief of permanent injunction on January 8, 2010 and numbered as C.S. No.32 of 2010. Later it was transferred to the City Civil Court, Chennai on account of pecuniary jurisdiction and renumbered as O.S. No.7944 of 2010, and then made over to the Trial Court. The Trial Court decreed the Suit and feeling aggrieved by the same, the defendant therein has preferred this Appeal Suit viz., A.S. No.519 of 2013.

2.1. After the Trial Court’s Judgment and Decree in O.S. No.7944 of 2010, on January 31, 2012, one Smt.M.Baby filed a Suit in O.S. No.952 of 2012 on the file of First Assistant Judge, City Civil Court, Chennai against G.Ayyasami and three others, seeking the relief of declaration and permanent injunction. The said G.Ayyasami is the ap