A.KALIYAMURTHY Vs. AMSAVALLI

JUDGEMENT

(1.) The Appellants have filed this Second Appeal challenging the concurrent findings of the Courts below. The Appellants are the defendants in the suit O.S.No.803 of 1995 on the file of the Principal District Munsif, Mayiladuthurai.

(2.) The suit was filed by the respondents seeking for a permanent injunction restraining the Appellants from interfering with the respondents right to construct a compound wall as per the Partition Deed dtd. 12/9/1963 which was marked as Ex.A1 before the Trial Court under the Partition Deed. The first Appellant and the respondents who are the brothers agreed that the respondents/plaintiffs are entitled to construct the compound wall in the four feet common pathway.

(3.) The contentions of the Appellants before the Courts below is that since the respondents/plaintiffs did not exercise the right of putting up a compound wall as per the Partition Deed dtd. 12/9/1963 and exercised their right only in the year 1994 they cannot seek relief of injunction as prayed for in this suit.