NALLATHAI; CHELLA GOMATHY; BALAMBIKA; USHARANI; C VENKATESHWARI; C MAHALAKSHMI; C VIAYALAKSHMI; C KANNAN Vs. S RAMAKRISHNAN; S ARUMUGAM

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree, dated 17.11.2005 passed in A.S.No.189 of 2005, by the II Additional Sub-Judge, Tirunelveli, reversing the judgment and decree passed in O.S.No.1102 of 2004, dated 21.04.2005, on the file of the II Additional District Munsif, Tirunelveli.

(2.) The appellants herein as plaintiffs have instituted Original Suit No.1102 of 2004 on the file of the trial Court seeking the relief of declaration, permanent injunction and mandatory injunction, wherein the present respondents have been shown as defendants.

(3.) It is averred in the plaint that the suit properties belonged to the plaintiffs ancestrally and they are paying taxes relating to the suit properties. The defendants are neighbours of the plaintiffs and there is a common wall between the house of the plaintiffs and the defendants and the same was enjoying by the both parties for more than 50 years. In the meantime, on 02.08.2004, the defendants demolished a portion of the common wall and in this regard, a police complaint was given by the plaintiffs on 03.08.2004 and thereafter, the 1st defendant filed a Caveat Petition against the plaintiffs 1 to 8. Hence, the plaintiffs filed the suit for declaration, permanent injunction and mandatory injunction.