KARUPPAN PERUMAL ALIAS PONDAN Vs. NAGATHAL

JUDGEMENT

(1.) THE Appellants/Defendants have projected the Second Appeal as against the Judgment and Decree in A.S.No.83 of 1997, dated 10.02.1998 passed by the Learned Second Additional District Judge, Erode in reversing the Judgment and Decree in O.S.No.886 of 1993, dated 02.09.1996 passed by the First Additional District Munsif, Erode.

(2.) AFTER filing of the Second Appeal, the Second Appellant/Second Defendant (Perumal @ Pondan) has expired and his Legal Representatives (Petitioners No. 6 to 8) have been brought on record as Appellants/Defendants 6 to 8; also on the death of the fourth Appellant/fourth Defendant (Chinnan @ Silukkapattian), his Legal Representative (9th Petitioner) has been brought on record as 9th Appellant/9th Defendant, as per order passed by this Court in C.M.P.No.1026 and 1029 of 2011, dated 14.11.2011.

(3.) THE 7th Appellant/7th Defendant is a co-sharer. Hence she is added as a party to the suit. All attempt by the Respondent/ Plaintiff to persuade the residents of the said Harijan Quarters not to encroach upon the Cart Track Pathway proved futile. THErefore, the Respondent/Plaintiff has laid the suit for Mandatory Injunction directing the Appellants/Defendants and the other residents of the Harijan Quarters of Thottiapalayam represented by the Defendants to dismantle and remove the platform and other obstructions placed subsequent to the filing of the suit, the East-West Cart Track Pathway running along the Northern extreme of S.F.No.431 of Natham Poromboke of Nasianur Village, more particularly described in the plaint schedule, by digging foundations thereon, raising constructions thereon.