LAWS(MAD)-2013-7-1

VINNY Vs. D.BALASUBRAMANIAM

Decided On July 01, 2013
Vinny Appellant
V/S
IYYAVU Respondents

JUDGEMENT

(1.) THIS Second appeal is focussed by some of the defendants animadverting upon the judgment and decree dated 31.8.2012 passed by the Subordinate Judge, The Nilgiris, in A.S.No.57 of 2011 in confirming the judgment and decree dated 18.2.2010 passed by the District Munsif cum Judicial Magistrate, Coonoor, in O.S.No.127 of 2001, which was one for permanent injunction.

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

(3.) PER contra, the 8th defendant filed the written statement, which was adopted by D1, D4, D6 and D7, challenging and impugning the averments/allegations in the plaint; the gist and kernel of them would be to the effect that the earlier suit filed by the plaintiff was dismissed for default and the subsequent suit was not tenable; the plaintiff has not been in possession and enjoyment of the suit property; D8 has been in possession and enjoyment of the suit property and planted tea and also her farmhouse is situated there, where her husband stays and wards off straying cattle and wild pig.