ANDICHAMY NAICKER Vs. NALLAMUTHU

JUDGEMENT

(1.) THE Appellant/Plaintiff has filed the present Second Appeal as against the Judgment and Decree dated 21/7/2005 in A.S.No.52 of 2001 passed by the Learned Sub-Judge, Periyakulam in reversing the Judgment and Decree dated 27/3/2001 in O.S.No.47 of 1999 passed by the Learned District Munsif, Andipatti.

(2.) THE First Appellate Court viz., the Sub-Judge, Periyakulam, in the Judgment in A.S.No.52 of 2001 (filed by the Respondent/Defendant) has inter alia observed that the Appellant/Plaintiff is not entitled to get the relief of permanent injunction because of the reason that the Appellant/Plaintiff has not established that he is in possession of the suit property and since the Appellant/Plaintiff has not proved his enjoyment in respect of the suit property, set aside the Judgment and Decree passed by the trial Court in O.S.No.47 of 1999 dated 27/3/2001 and allowed the Appeal with costs.

(3.) IN as much the First Appellate Court in A.S.No.52 of 2001, on 21/7/2005, has allowed the Appeal filed by the Respondent/Defendant and set aside the Judgment and Decree of the trial Court in O.S.No.47 of 1999 dated 27/3/2011, the aggrieved plaintiff as an Appellant, has projected the Second Appeal before this Court.