Vijaya v. Sengodan
Case brief
What is this about?
Second Appeal against reversal of suit decree. Bench held a bare injunction suit not maintainable when plaintiff's title is denied without seeking declaration of easement rights, citing Anathula Sudhakar. Appeal dismissed.
What did the court decide?
Judgment and decree of I Additional District Judge confirmed; Second Appeal dismissed.
What the court decided
S.A.No.1144 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
S.A.No.1144 of 2007 & M.P.No.2 of 2007
Vijaya
... Appellant/Plaintiff
Vs
1.Sengodan 2.Ashok Samraj 3.Sellappan 4.Kumar
... Respondents/Defendants
Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 03.03.2006 passed in A.S.No.50 of 2005 on the file of the I Additional District Judge, Salem reversing the judgment and decree dated 16.10.2003 passed in O.S.No.899 of 2002 on the file of the court of Principal District Munsif, Salem.
Issues for consideration
1 issue framed by the court
Whether a private landowner can claim a public right for easement on disputed patta land.
Parties & counsel
- appellant
Vijaya
- respondent
1.Sengodan
- respondent
2.Ashok Samraj
- respondent
3.Sellappan
- respondent
4.Kumar
Case details
As recorded by the court registry
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