VADIVEL (DIED) Vs. RENGASAMY

JUDGEMENT

(1.) The deceased first appellant is the plaintiff in O.S.No.236 of 1996, on the file of the learned District Munsif Court, Kulithalai. The respondents are the defendants 2 and 3 in the said suit. The first appellant filed the suit against the respondents herein for bare injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the suit 'B' schedule property which is nothing but a cart track. The trial Court decreed the suit. Challenging the judgment and decree passed by the trial Court, the respondents herein/defendants 2 and 3 filed an appeal before the Sub Court, Kulithalai, in A.S.No.31 of 1998. The Subordinate Judge, Kulithalai, after hearing the arguments of both sides and upon perusing the entire records, allowed the appeal and dismissed the suit. Challenging the judgment and decree passed by the first appellate Court, the plaintiff in the suit has filed the present second appeal before this Court.

(2.) The case of the first appellant/plaintiff as averred in the plaint reads as follows:

(3.) In the written statement filed on the side of the defendants 2 and 3, it is averred as follows: