The High Court dismissed a Second Appeal filed by plaintiffs challenging the dismissal of a suit for declaration of easementary rights and injunction. Finding no substantial question of law or perversity in the lower courts' evidence-based decisions, the appeal failed.
Second Appeal failed and dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2016
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Second Appeal No.163 of 2016
1. Kannan
2. Durgaraman ... Appellants/Plaintiff
vs.
Packirisamy ...Respondent/Defendant
Second Appeal filed under Section 100 of C.P.C. against the
judgment and decree dated 17.06.2015 made in A.S.No.16 of 2014
on the file of Additional Sub-Court, Mayiladuthurai, confirming
the judgment and decree dated 29.11.2013 made in O.S.No.156 of
2011 on the file of Additional District Munsif Court,
Mayiladurthurai.
For Appellants : Mr.S.Sounthar
For Respondent : Mr.A.Muthukumar
J U D G M E N T
The appellants are the plaintiffs who lost before the Courts below in a suit for declaration of their easementary right over the suit property and for consequential relief of mandatory injunction and also for permanent injunction.
considering the rival pleadings of the parties and the evidence let in by them, the trial Court found that the plaintiffs have not proved the existence of the suit pathway and their easementary right over the same by adducing any material evidence. Consequently, the trial Court dismissed the suit. Challenging the judgment and decree of the trial Court, the plaintiffs preferred an appeal before the First Appellate Court which also came to be dismissed after hearing both the parties by confirming the findings rendered by the trial Court.
Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To
Copy to The Record Keeper, VR Section, High Court, Madras.
+1cc to M/S.S.Sounthar, Advocate Sr.68934 Second Appeal No.163 of 2016 mp[co] srg 04/01/2017
2 issues framed by the court
Whether this Second Appeal involves a substantial question of law justifying this Court's indulgence given the concurrent findings of evidence below.
Whether the lower Courts' dismissal of the suit for lack of proof regarding easementary rights is perverse.
1 provisions across 1 enactments
Kannan
Durgaraman
Packirisamy
K.Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
