S. ANUSUYA Vs. THIRUNEELAKANDAN

JUDGEMENT

(1.) The issue involved in both the Second Appeals are common and they arise out of a Common Judgment passed in A.S.No.8 of 2010 and A.S.No.16 of 2010, on the file of the Sub-Court, Poonamalee and hence both the Second Appeals are taken up together, heard and this Common Judgment is passed.

(2.) The appellant in S.A.No. 279 of 2014 filed a suit in O.S.No. 594 of 1998 against S.Anusuya and 2 others seeking for the relief of permanent injunction restraining them from in anyway trespassing or interfering with the peaceful possession and enjoyment of the plaintiff with respect to the property situated in grama natham New S.No.135/17(Old S.No.82/1 Part) Measuring 4434 Sq.feet. The case of the appellant is that the suit property belonged to Pachaiyappa Pandithar by virtue of a Koorchit dtd. 25/4/1940 and he died intestate leaving behind his wife and son. The appellant is the son and his mother who is the wife of Pachaiyappa Pandithar was originally the plaintiff in the suit. Their grievance was that the said S. Anusuya and 2others were attempting to interfere with the possession and enjoyment of the property and hence the suit came to be filed seeking for the relief of permanent injunction.

(3.) During the pendency of the suit, the wife of Pachaiyappa Pandithar died and the appellant as the son was impleaded and he prosecuted the suit. The suit was not defended and hence an ex parte decree came to be passed on 9/10/2003. Thereafter a petition was filed in I.A.No.1138 of 2005 by the said S.Anusuya and 2 others to condone the delay in filing the petition to set aside the ex parte decree and this petition was allowed by an Order dtd. 22/8/2006. Thereafter the ex parte decree was set aside and the suit was tried on merits.