PAVAYEE Vs. NALLA GOUNDER

JUDGEMENT

(1.) The 4th to 8th defendants in O.S.No. 146 of 1993 on the file of the District Munsif Court, Sankari, are the appellants herein.

(2.) The suit O.S.No. 146 of 1993 had been filed by the first and second respondents/ Nalla Gounder and his son A.N.Muthusamy against three defendants, seeking permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit Item No.1 of the properties as prescribed in the schedule to the plaint and for a permanent injunction restraining the defendants from destroying or preventing the plaintiffs from using the cart tract as described in Item No. 2 of the schedule to the plaint and for a mandatory injunction to restore the cart track in Item No. 2 of the schedule to the plaint.

(3.) During the course of trial, the third defendant died and his legal representatives had been brought on record as 4th to 8th defendants. They are the appellants herein.