T.C.DHARMALINGAM Vs. S.CHINNASAMY

JUDGEMENT

(1.) THIS Second appeal is focussed animadverting upon the judgment and decree dated 26.07.2012 passed in A.S.No.94 of 2006 by the learned I Additional Subordinate Judge, Erode, modifying the judgment and decree dated 21.12.2005 in O.S.No.1426 of 2004 passed by the 2nd Additional District Munsif, Erode.

(2.) THE parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) THE pith and marrow of the averments in the plaint would run thus: The suit channel having four feet width, branching from the P.W.D. Channel runs through R.S.No.135/4,5 136/2 and reached the lands in R.S.No.135/1 and 2 belonging to the plaintiff. The suit channel runs through the land of one Venugopal. The defendants' land is situated to the north of the suit channel. The said channel is found referred to in the partition deed dated 10.05.1962, which emerged among the plaintiff's ancestors. However, the defendants on 22.09.2004 attempted to close the said channel, whereupon the suit has been filed.