JOHN BOSCO Vs. VARGHESE

JUDGEMENT

(1.) The defendant is the appellant.

(2.) The plaintiff had filed O.S.No.490 of 1999 on the file of the I Additional District Munsif Court, Kuzhithurai for the relief of permanent injunction. The suit was dismissed by the trial Court. The plaintiff had filed A.S.No.82 of 2002 on the file of the Subordinate Court, Kuzhithurai. The First Appellant Court was pleased to grant a qualified decree for permanent injunction in favour of the plaintiff that the defendant should not disturb the possession of the plaintiff unless by due process of law. Challenging the same, the defendant had filed the above second appeal.

(3.) The second appeal was allowed by this Court on 6/11/2009 setting aside the decree passed by the First Appellate Court. The respondent in the appeal had filed Review Application No.113 of 2009 and the said Review Application was allowed on 13/8/2013 setting aside the judgement and decree dtd. 6/11/2009. Thus, the present second appeal has been listed for fresh hearing. Pleadings of the parties: