S.A.No.755 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

S.A.No.755 of 2017

1.Jayapal

2.Karunakaran

3.Punitha

...Appellants

Vs.

Agila Ammal

...Respondent

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure

Code, to set aside the judgment and decree dated 29.04.2017 passed in

A.S.No.31 of 2014 by the Sub-ordinate Judge, Dharmapuri confirming the

judgment and decree dated 24.02.2014 passed in O.S.No. 195 of 2002 by the

District Munsif, Dharmapuri.

For Appellants

: M/s.Arun Anbumani

For Respondent

: No appearance

J U D G M E N T

The unsuccessful defendants in the suit are the appellants. The

respondent herein filed a suit seeking declaration of easementary right over the

suit ABCD pathway and for consequential injunction restraining the appellants

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https://www.mhc.tn.gov.in/judis

S.A.No.755 of 2017

from interfering with her right of user over the ABCD pathway. The Trial Court

decreed the suit as prayed for and the first appeal filed by the appellants was

also dismissed. Aggrieved by the concurrent findings, the appellants have come

up before this